BILL NUMBER: AB 1062	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 24, 2012
	AMENDED IN SENATE  SEPTEMBER 1, 2011
	AMENDED IN SENATE  JUNE 20, 2011
	AMENDED IN ASSEMBLY  APRIL 26, 2011

INTRODUCED BY   Assembly Member Dickinson

                        FEBRUARY 18, 2011

   An act to amend Section  1294 of the Code of Civil
Procedure,    15657 of the Welfare and Institutions
Code,   relating to  arbitration   public
social services  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1062, as amended, Dickinson.  Arbitration: appeals.
  Public social services.  
   Existing law provides for the award of attorney's fees and costs
to, and the recovery of damages by, a plaintiff, when it is proven by
clear and convincing evidence that a defendant is liable for
physical abuse or neglect of an elder or dependent adult and the
defendant has also been guilty of recklessness, oppression, fraud, or
malice in the commission of the abuse.  
   This bill would revise these provisions to change the standard of
proof to a preponderance of the evidence.  
   Existing law authorizes a plaintiff to recover damages for the
sake of example and by way of punishing the defendant in addition to
the actual damages. Existing law provides that an employer is not
liable for punitive damages based on the acts of an employee unless
certain conditions are satisfied. Existing law requires that these
conditions regarding the imposition of punitive damages on an
employer based upon the acts of an employee be satisfied before any
damages or attorney's fees permitted due to liability for physical
abuse or neglect of an elder or dependent adult are authorized to be
imposed against an employer.  
   This bill would instead require that these conditions regarding
the imposition of punitive damages on an employer be satisfied before
any punitive damages may be imposed against an employer found liable
for physical abuse, as defined, or neglect, as defined. This bill
would state that these provisions are not intended to affect the
specified standard of proof for punitive damages.  
   Existing law specifies those types of orders and judgments from
which an appeal may be taken, including, an order dismissing or
denying a petition to compel arbitration.  
   This bill would limit that basis from which an appeal may be taken
to an order dismissing or denying a petition to compel arbitration
if the party who opposed the petition to arbitrate is 65 years of age
or older or a dependent adult, as defined. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 15657 of the   Welfare
and Institutions Code  is amended to read: 
   15657.   (a)    Where it is proven by 
clear and convincing   a preponderance of the 
evidence that a defendant is liable for physical abuse as defined in
Section 15610.63, or neglect as defined in Section 15610.57, and that
the defendant has been guilty of recklessness, oppression, fraud, or
malice in the commission of this abuse, the following shall apply,
in addition to all other remedies otherwise provided by law: 

    (a) 
    (1)  The court shall award to the plaintiff reasonable
attorney's fees and costs.  The term "costs"  
"Costs"  includes, but is not limited to, reasonable fees for
the services of a conservator, if any, devoted to the litigation of a
claim brought under this article. 
    (b) 
    (2)  The limitations imposed by Section 377.34 of the
Code of Civil Procedure on the damages recoverable shall not apply.
However, the damages recovered shall not exceed the damages permitted
to be recovered pursuant to subdivision (b) of Section 3333.2 of the
Civil Code. 
    (c) 
    (3)  The standards set forth in subdivision (b) of
Section 3294 of the Civil Code regarding the imposition of punitive
damages on an employer based upon the acts of an employee shall be
satisfied before any  punitive  damages  or attorney'
s fees permitted under this section may be imposed against an
employer.   may be imposed against an employer found
liable for physical abuse, as defined by Section 15610.63, or
neglect, as defined by Section 15610.57. This subdivision shall not
apply to the recovery of compensatory damages or the award of
attorney's fees and costs.  
   (b) The changes made to this section by the act adding this
subdivision are not intended to affect the standard of proof for
punitive damages pursuant to Section 3294 of the Civil Code. 

  SECTION 1.    Section 1294 of the Code of Civil
Procedure is amended to read:
   1294.  An aggrieved party may appeal from any of the following:
   (a) An order dismissing or denying a petition to compel
arbitration, unless the party who opposed the petition to arbitrate
the civil action in court is 65 years of age or older or a dependent
adult, as defined in Section 15610.23 of the Welfare and Institutions
Code.
   (b) An order dismissing a petition to confirm, correct, or vacate
an award.
   (c) An order vacating an award unless a rehearing in arbitration
is ordered.
   (d) A judgment entered pursuant to this title.
   (e) A special order after final judgment.