(Please note: the names and locations of all parties have been changed to protect the confidentiality of this wrongful death case and its proceedings.)
PLAINTIFFS AGREE TO DISMISS THEIR FOURTH CAUSE OF ACTION AS TO DR. XY
Plaintiffs agree to dismiss their Fourth Cause of Action for Fraud-Concealment as to defendant Dr. XY. Therefore, this court need not consider defendant’s moving papers as to this cause of action.
PLAINTIFFS HAVE PLEAD FACTS SUFFICIENT TO STATE A CAUSE OF ACTION FOR ABUSE OF A DEPENDENT ADULT
The purpose of Welfare and Institutions Code 15600 et. seq. or the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) is to protect a particularly vulnerable portion of the population from gross mistreatment in the form of abuse or custodial neglect, Delaney v. Baker (1999) 20 Cal. 4th 23, 33. The statute provides for recovery of enhanced remedies, including attorneys fees, in civil actions, for abuse of dependent adults when clear and convincing evidence proves that (1) the defendant committed physical abuse or neglect and 2) the defendant was guilty of recklessness, oppression or fraud or malice in committing this abuse or neglect.
The essential factual elements for a cause of action for physical abuse under Welf & Inst. Code §§ 15657, 15610.63 appear in the Judicial Council of California Civil Jury Instructions (2008), CACI No. 3107. In order to maintain a cause of action for abuse of a dependent adult Plaintiffs must allege and ultimately prove by clear and convincing evidence:
1) That Decedent was a dependent adult at the time of the alleged conduct;
2) That Decedent CLAIRE FINE was physically abused or neglected by defendants. Delaney v. Baker 20 Cal. 4th at 33. Neglect is defined in Welf & Inst. Code 15610.57;
3) That Defendants acted with recklessness, oppression or fraud. Delaney v. Baker 20 Cal. 4th at 33;
4) That Decedent was harmed; and
5) That Defendants’ conduct was a substantial factor in causing Decedent’s harm. (See Part 3 of 8.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.