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CACI 3104

What Is Elder Abuse Neglect Enhanced Remedies Law in California

Elder Abuse

Elder Abuse

What is the Law in California for Elder Abuse Neglect Enhanced Remedies - California Civil Jury Instruction CACI 3104

California Law

CA Civil Jury Instructions

CACI 3104 - Elder Abuse Neglect Enhanced Remedies

As of September 1, 2010

California Civil Jury Instruction CACI 3104

3104. Neglect—Enhanced Remedies Sought (Welf. & Inst.
Code, § 15657)

[Name of plaintiff] also seeks to recover [attorney fees and costs/

[and] damages for [name of decedent]’s pain and suffering]. To

recover these remedies, [name of plaintiff] must prove all of the

requirements for neglect by clear and convincing evidence, and

must also prove by clear and convincing evidence that [[name of
individual defendant]/[name of employer defendant]’s employee] acted

with [recklessness/oppression/fraud/ [or] malice] in neglecting

[name of plaintiff/decedent].

[If [name of plaintiff] proves the above, I will decide the amount of

attorney fees and costs.]

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