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iLaw Dictionary
California
Law Dictionary
Elder Abuse and Dependent Adults Act-15600 et seq-Legislature’s intent
(Intrieri)

Elder Abuse and Dependent Adults Act-15600 et seq-Legislature’s intent
(Intrieri)

The elements of a cause of action under the Elder Abuse and Dependent Adults Act, section 15600 et seq. (hereinafter the Elder Abuse Act) are statutory, and reflect the Legislature’s intent to provide enhanced remedies to encourage private, civil enforcement of laws against elder abuse and neglect. (See Delaney v. Baker (1999) 20 Cal.4th 23, 33 (Delaney).) One of the remedial purposes of the Elder Abuse Act is to protect elder or dependent adults who are residents of nursing homes. (Id. at p. 40.) Therefore, “[w]here it is proven by clear and convincing evidence that a defendant is liable for physical abuse as defined in Section 15610.63, neglect as defined in Section 15610.57, or financial abuse as defined in Section 15610.30, and that the defendant has been guilty of recklessness, oppression, fraud, or malice in the commission of this abuse, in addition to all other remedies otherwise provided by law: [¶] (a) The court shall award to the plaintiff reasonable attorney’s fees and costs.” (§ 15657; Marron v. Superior Court, supra, 108 Cal.App.4th at p. 1058.) Further, in a wrongful death action involving abuse or neglect of an elderly or dependent adult, damages for pain and suffering may be awarded. (§ 15657, subd. (b); Community Care and Rehabilitation Center v. Superior Court (2000) 79 Cal.App.4th 787, 792.)

Intrieri v. Ocadian Mar 25 20043/25/04 CA6 H025074-CA6

Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal.4th 992 , 35 Cal.Rptr.2d 685; 884 jjjj
(See Delaney v. Baker (1999) 20 Cal.4th 23, 33 (Delaney).)
Delaney v. Baker (1999) 20 Cal.4th 23 , 82 Cal.Rptr.2d 610; 971
Abuse, of Elder-Tort-Elder Abuse-Standing-Estate of Lowrie