BILL NUMBER: SB 558	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 4, 2011

INTRODUCED BY   Senator Simitian

                        FEBRUARY 17, 2011

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 558, as amended, Simitian. Elder and dependent adults: abuse or
neglect: damages.
   Existing law provides for the award of attorney's fees and costs
 to  , and  the recovery of  damages  , to
  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. 
   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.  Where it is proven by 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) The court shall award to the plaintiff reasonable attorney's
fees and 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) 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) 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 damages or attorney's fees permitted under this
section may be imposed against an employer.   satisfied
before any punitive damages 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. 
                            ____ CORRECTIONS  Digest--Page 1.
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