Joseph Simitian
- 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.
Set, second hearing. Held in committee and under submission.
Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (June 21). Re-referred to Com. on APPR.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 21. Noes 14. Page 1229.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 6. Noes 2. Page 1119.) (May 26).
Set for hearing May 26.
Placed on APPR. suspense file.
Set for hearing May 23.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 3. Noes 2. Page 765.) (April 26).
Set for hearing April 26.
Set, first hearing. Hearing canceled at the request of author.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
(Corrected April 7.)
Set for hearing April 12.
From printer. May be acted upon on or after March 20.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB558 | HTML |
| 02/17/11 - Introduced | |
| 04/04/11 - Amended Senate | |
| 05/03/11 - Amended Senate |
| Document | Format |
|---|---|
| No related documents. |
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