AB 998, as introduced, Fong. Elderly and dependent adults: civil actions.
Existing law provides that the department of the superior court having jurisdiction over probate conservatorships shall also have concurrent jurisdiction over civil actions and proceedings involving a claim for relief arising out of the abduction or abuse of an elderly or dependent adult. Existing law provides that after the death of the elder or dependent adult, the right to commence or maintain an action passes to the personal representative, and if there is no personal representative, to an intestate heir whose interest may be affected by the action, to the decedent’s successor in interest, as defined, or an interested person, as defined, subject to specified conditions.
This bill would make a technical, nonsubstantive change to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 15657.3 of the Welfare and Institutions
2Code is amended to read:
(a) The department of the superior court having
2jurisdiction over probate conservatorships shall also have
3concurrent jurisdiction over civil actions and proceedings involving
4a claim for relief arising out of the abduction, as defined in Section
515610.06, or the abuse of an elderly or dependent adult, if a
6conservator has been appointed for the plaintiff prior to the
7initiation of the action for abuse.
8(b) The department of the superior court having jurisdiction
9over probate conservatorships shall not grant relief under this
10article if the court determines that the matter should be determined
11in a civil action, but shall instead transfer the matter to the general
12civil calendar of the superior court. The court need not
abate a
13proceeding for relief pursuant to this article if the court determines
14that the civil action was filed for the purpose of delay.
15(c) The death of the elder or dependent adult does not cause the
16court to lose jurisdiction of a claim for relief for abuse of that elder
17or dependent adult.
18(d) (1) Subject to paragraph (2) and subdivision (e), after the
19death of the elder or dependent adult, the right to commence or
20maintain an action shall pass to the personal representative of the
21decedent. If there is no personal representative, the right to
22commence or maintain an action shall pass to any of the following,
23if the requirements of Section 377.32 of the Code of Civil
24Procedure are met:
25(A) An intestate heir whose interest is affected by the action.
26(B) The decedent’s successor in interest, as defined in Section
27377.11 of the Code of Civil Procedure.
28(C) An interested person, as defined in Section 48 of the Probate
29Code, as limited in this subparagraph. As used in this subparagraph,
30“an interested person” does not include a creditor or a person who
31has a claim against the estate and who is not an heir or beneficiary
32of the decedent’s estate.
33(2) If the personal representative refuses to commence or
34maintain an action or if the personal representative’s family or an
35affiliate, as those terms are defined in subdivision (c) of Section
361064 of the Probate Code, is alleged to have committed abuse of
37the elder or dependent adult, the persons described in
38subparagraphs (A), (B), and (C) of paragraph (1) shall have
39standing to commence or maintain an action for elder abuse.
This
40paragraph does not require the court to resolve the merits of an
P3 1elder abuse action for purposes of finding that a plaintiff who meets
2the qualifications of subparagraphs (A), (B), and (C) of paragraph
3(1) has standing to commence or maintain such an action.
4(e) If two or morebegin delete personsend deletebegin insert
individualsend insert who are either described
5in subparagraph (A), (B), or (C) of paragraph (1) of subdivision
6(d) or a personal representative claim to have standing to
7commence or maintain an action for elder abuse, upon petition or
8motion, the court in which the action or proceeding is pending,
9may make any order concerning the parties that is appropriate to
10ensure the proper administration of justice in the case pursuant to
11Section 377.33 of the Code of Civil Procedure.
12(f) This section does not affect the applicable statute of
13limitations for commencing an action for relief for abuse of an
14elderly or dependent adult.
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