Amended in Senate April 21, 2014

Senate Bill No. 1343

Introduced by Senator Wyland

February 21, 2014

An act to amend Section begin delete 15657.5 end delete begin insert 487.010 end insert of the begin delete Welfare and Institutions Code, end delete begin insert Code of Civil Procedure, end insert relating to begin delete financial abuse. end delete begin insert civil procedure. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1343, as amended, Wyland. begin delete Financial abuse. end delete begin insert Civil procedure: property subject to attachment. end insert

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Existing law, known as the Attachment Law, authorizes a plaintiff to use the remedy of attachment against a defendant’s property to secure the amount of the claimed indebtedness to the plaintiff and specifies the property of the defendant that is subject to attachment. The Elder Abuse and Dependent Adult Civil Protection Act authorizes an attachment to be issued in any action for damages for financial abuse of an elder or dependent adult, as specified.

end insert begin insert

This bill would provide that, if an attachment is issued in an action for damages for financial abuse of an elder or dependent adult, any property of the defendant would be subject to attachment.

end insert begin delete

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.

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This bill would make technical, nonsubstantive changes to the latter provision.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 487.010 of the end insert begin insert Code of Civil Procedure end insert
begin insert is amended to read: end insert

487.010.  

The following property of the defendant is subject to
attachment:

(a)  begin delete Where end delete begin insert If end insert the defendant is a corporation, all corporate
property for which a method of levy is provided by Article 2
(commencing with Section 488.300) of Chapter 8.

(b)  begin delete Where end delete begin insert If end insert the defendant is a partnership or other
unincorporated association, all partnership or association property
for which a method of levy is provided by Article 2 (commencing
with Section 488.300) of Chapter 8.

(c)  begin delete Where end delete begin insert If end insert the defendant is a natural person, all of the
following property:

(1) Interests in real property except leasehold estates with
unexpired terms of less than one year.

(2) Accounts receivable, chattel paper, and general intangibles
arising out of the conduct by the defendant of a trade, business, or
profession, except any begin delete such end delete individual claim with a principal
balance of less than one hundred fifty dollars ($150).

(3) Equipment.

(4) Farm products.

(5) Inventory.

(6) Final money judgments arising out of the conduct by the
defendant of a trade, business, or profession.

(7) Money on the premises where a trade, business, or profession
is conducted by the defendant and, except for the first one thousand
dollars ($1,000), money located elsewhere than on begin delete such end delete begin insert the end insert
premises and deposit accounts, but, if the defendant has more than
one deposit account or has at least one deposit account and money
located elsewhere than on the premises where a trade, business,
or profession is conducted by the defendant, the court, upon
application of the plaintiff, may order that the writ of attachment
be levied so that an aggregate amount of one thousand dollars
($1,000) in the form of begin delete such end delete money and in begin delete such end delete begin insert the end insert accounts
remains free of levy.

(8) Negotiable documents of title.

(9) Instruments.

(10) Securities.

(11) Minerals or the like (including oil and gas) to be extracted.

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(d) In the case of an attachment issued pursuant to Section
15657.01 of the Welfare and Institutions Code, any property of
the defendant.

end insert begin delete

(d)

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begin insert (e) end insert  In the case of a defendant described in subdivision (c),
community property of a type described in subdivision (c) is subject
to attachment if the community property would be subject to
enforcement of the judgment obtained in the action in which the
attachment is sought. Unless the provision or context otherwise
requires, if community property that is subject to attachment is
sought to be attached:

(1) Any provision of this title that applies to the property of the
defendant or to obligations owed to the defendant also applies to
the community property interest of the spouse of the defendant
and to obligations owed to either spouse that are community
property.

(2) Any provision of this title that applies to property in the
possession or under the control of the defendant also applies to
community property in the possession or under the control of the
spouse of the defendant.

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SECTION 1.  

Section 15657.5 of the Welfare and Institutions
Code is amended to read:

15657.5.  

(a) Where it is proven by a preponderance of the
evidence that a defendant is liable for financial abuse, as defined
in Section 15610.30, in addition to compensatory damages and all
other remedies otherwise provided by law, the court shall award
to the plaintiff reasonable attorney’s fees and costs. The term
“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) Where it is proven by a preponderance of the evidence that
a defendant is liable for financial abuse, as defined in Section
15610.30, and where it is proven by clear and convincing evidence
that the defendant has been guilty of recklessness, oppression,
fraud, or malice in the commission of the abuse, in addition to
reasonable attorney’s fees and costs pursuant to in subdivision (a),
compensatory damages, and all other remedies otherwise provided
by law, the limitations imposed by Section 377.34 of the Code of
Civil Procedure on the damages recoverable shall not apply.

(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 punitive damages may be imposed against an
employer found liable for financial abuse as defined in Section
15610.30. This subdivision shall not apply to the recovery of
compensatory damages or attorney’s fees and costs.

(d) Nothing in this section affects the award of punitive damages
under Section 3294 of the Civil Code.

(e) Any money judgment in an action under this section shall
include a statement that the damages are awarded based on a claim
for financial abuse of an elder or dependent adult, as defined in
Section 15610.30. If only part of the judgment is based on that
claim, the judgment shall specify what amount was awarded on
that basis.

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