Roger Dickinson
- Democratic
Author
Existing law provides for the award of attorney's fees and costs to, and the recovery of damages by, a plaintiff, when it is proven by clear and convincing evidence that a defendant is liable for physical abuse or neglect of an elder or dependent adult and the defendant has also been guilty of recklessness, oppression, fraud, or malice in the commission of the abuse. This bill would revise these provisions to change the standard of proof to a preponderance of the evidence. Existing law authorizes a plaintiff to recover damages for the sake of example and by way of punishing the defendant in addition to the actual damages. Existing law provides that an employer is not liable for punitive damages based on the acts of an employee unless certain conditions are satisfied. Existing law requires that these conditions regarding the imposition of punitive damages on an employer based upon the acts of an employee be satisfied before any damages or attorney's fees permitted due to liability for physical abuse or neglect of an elder or dependent adult are authorized to be imposed against an employer. This bill would instead require that these conditions regarding the imposition of punitive damages on an employer be satisfied before any punitive damages may be imposed against an employer found liable for physical abuse, as defined, or neglect, as defined. This bill would state that these provisions are not intended to affect the specified standard of proof for punitive damages.
Read third time. Refused passage. (Ayes 16. Noes 22. Page 5117.).
Read second time. Ordered to third reading.
Ordered to second reading.
(Ayes 22. Noes 10. Page 4895.)
Withdrawn from committee.
Read second time. Ordered to third reading.
Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c).
From inactive file.
Read second time and amended. Ordered to second reading.
Ordered to second reading.
Ordered to inactive file at the request of Senator Evans.
Read third time. Refused passage. (Ayes 15. Noes 21. Page 2425.).
Motion to reconsider made by Senator Evans.
Reconsideration granted. (Ayes 40. Noes 0. Page 2425.)
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 3. Noes 2.) (June 28).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 42. Noes 29. Page 1562.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 6. Noes 3.) (April 12).
From printer. May be heard in committee March 22.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1062 | HTML |
| 02/18/11 - Introduced | |
| 04/26/11 - Amended Assembly | |
| 06/20/11 - Amended Senate | |
| 09/01/11 - Amended Senate | |
| 08/24/12 - Amended Senate |
| Document | Format |
|---|---|
| No related documents. |
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