What is the Law in California for Physical Elder Abuse - California Civil Jury Instruction CACI 3106
California Law
CA Civil Jury Instructions
CACI 3106 - Physical Elder Abuse
As of September 1, 2010
California Civil Jury Instruction CACI 3106
3106. Physical Abuse—Essential Factual Elements (Welf. &
Inst. Code, § 15610.63)
[Name of plaintiff] claims that [he/she/[name of decedent]] was
physically abused by [[name of individual defendant]/ [and] [name of
employer defendant]] 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] physically abused [name of plaintiff/
decedent] by [insert applicable grounds for abuse];
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] was harmed; and
4. 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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