What Is Abduction of Elder Law in California

Elder Abuse

What is the Law in California for Abduction of Elder - California Civil Jury Instruction CACI 3109

California Law

CA Civil Jury Instructions

CACI 3109 - Abduction of Elder

As of September 1, 2010

California Civil Jury Instruction CACI 3109

3109. Abduction—Essential Factual Elements (Welf. & Inst.
Code, § 15610.06)

[Name of plaintiff] claims that [[name of individual defendant]/ [and]

[name of employer defendant]] abducted [him/her/[name of
decedent]] in violation of the Elder Abuse and Dependent Adult

Civil Protection Act. To establish this claim, [name of plaintiff] must

prove all of the following:

1. That [[name of individual defendant]/[name of employer
defendant]’s employee] [removed [name of plaintiff/decedent]

from California and] restrained [him/her/[name of
decedent]] from returning to California;

2. That [name of plaintiff/decedent] was [65 years of age or

older/a dependent adult] at the time of the conduct;

3. [That [name of plaintiff/decedent] did not have the capacity

to consent to the [removal and] restraint;]

3. [or]

3. [That [[name of plaintiff/decedent]’s conservator/the court]

did not consent to the [removal and] restraint;]

4. That [name of plaintiff/decedent] was harmed; and

5. That [[name of individual defendant]’s/[name of employer
defendant]’s employee’s] conduct was a substantial factor in

causing [name of plaintiff/decedent]’s harm.

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What Is Abduction of Elder Law in California

What is the Law in California for Abduction of Elder - California Civil Jury Instruction CACI 3109

California Law

CA Civil Jury Instructions

CACI 3109 - Abduction of Elder

As of September 1, 2010

California Civil Jury Instruction CACI 3109

3109. Abduction—Essential Factual Elements (Welf. & Inst. Code, § 15610.06)

Code, § 15610.06)

[Name of plaintiff] claims that [[name of individual defendant]/ [and]

[name of employer defendant]] abducted [him/her/[name of decedent]] in violation of the Elder Abuse and Dependent Adult

decedent]] in violation of the Elder Abuse and Dependent Adult

Civil Protection Act. To establish this claim, [name of plaintiff] must

prove all of the following:

1. That [[name of individual defendant]/[name of employer defendant]’s employee] [removed [name of plaintiff/decedent]

defendant]’s employee] [removed [name of plaintiff/decedent]

from California and] restrained [him/her/[name of decedent]] from returning to California;

decedent]] from returning to California;

2. That [name of plaintiff/decedent] was [65 years of age or

older/a dependent adult] at the time of the conduct;

3. [That [name of plaintiff/decedent] did not have the capacity

to consent to the [removal and] restraint;]

3. [or]

3. [That [[name of plaintiff/decedent]’s conservator/the court]

did not consent to the [removal and] restraint;]

4. That [name of plaintiff/decedent] was harmed; and

5. That [[name of individual defendant]’s/[name of employer defendant]’s employee’s] conduct was a substantial factor in

defendant]’s employee’s] conduct was a substantial factor in

causing [name of plaintiff/decedent]’s harm.

We invite you to explore the web site of California Lawyer Sebastian Gibson and see how we can assist you in other areas of federal and state law as well.

What is the Law

3109. Abduction—Essential Factual Elements (Welf. & Inst.
Code, § 15610.06)

[name of employer defendant]] abducted [him/her/[name of
decedent]] in violation of the Elder Abuse and Dependent Adult

1. That [[name of individual defendant]/[name of employer
defendant]’s employee] [removed [name of plaintiff/decedent]

from California and] restrained [him/her/[name of
decedent]] from returning to California;

5. That [[name of individual defendant]’s/[name of employer
defendant]’s employee’s] conduct was a substantial factor in