SB 1343, as introduced, Wyland. Financial abuse.
The Elder Abuse and Dependent Adult Civil Protection Act authorizes compensatory damages and other relief for an elder or dependent adult who suffers financial abuse. The act defines financial abuse as, among other actions, taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. Existing law also requires a court to award to the elder or dependent adult reasonable attorney’s fees and costs.
This bill would make technical, nonsubstantive changes to the latter provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 15657.5 of the Welfare and Institutions
2Code is amended to read:
(a) Where it is proven by a preponderance of the
4evidence that a defendant is liable for financial abuse, as defined
5in Section 15610.30, in addition to compensatory damages and all
6other remedies otherwise provided by law, the court shall award
7to the plaintiff reasonable attorney’s fees and costs. The term
P2 1“costs” includes, but is not limited to, reasonable fees for the
2services of a conservator, if any, devoted to the litigation of a claim
3brought under this article.
4(b) Where it is proven by a preponderance of the evidence that
5a defendant is liable for financial abuse, as defined in Section
615610.30, and where it is proven by clear and convincing evidence
7that the defendant has been guilty of recklessness, oppression,
8fraud, or malice in the commission of the
abuse, in addition to
9reasonable attorney’s fees and costsbegin delete set forthend deletebegin insert
pursuant toend insert in
10subdivision (a), compensatory damages, and all other remedies
11otherwise provided by law, the limitations imposed by Section
12377.34 of the Code of Civil Procedure on the damages recoverable
13shall not apply.
14(c) The standards set forth in subdivision (b) of Section 3294
15of the Civil Code regarding the imposition of punitive damages
16on an employer based upon the acts of an employee shall be
17satisfied before any punitive damages may be imposed against an
18employer found liable for financial abuse as defined in Section
1915610.30. This subdivision shall not apply to the recovery of
20compensatory damages or attorney’s fees and costs.
21(d) Nothing in this section affects the award of punitive damages
22under Section 3294 of the Civil Code.
23(e) Any money judgment in an action
under this section shall
24include a statement that the damages are awarded based on a claim
25for financial abuse of an elder or dependent adult, as defined in
26Section 15610.30. If only part of the judgment is based on that
27claim, the judgment shall specify what amount was awarded on
28that basis.
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