Susan Eggman
- Democratic
- Senator
- District 5
Author
Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, 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 the defendant is liable for physical abuse or neglect, and the defendant has also been found guilty of recklessness, oppression, fraud, or malice in the commission of that abuse. This bill would instead apply a preponderance of the evidence standard to any claim brought against a residential care facility for the elderly or a skilled nursing facility, except as specified, for remedies sought pursuant to the above provisions, upon circumstances in which spoliation of evidence has been committed by the defendant, as specified. The bill would make conforming changes to a related provision.
Stricken from file.
Consideration of Governor's veto pending.
Vetoed by Governor.
Enrolled and presented to the Governor at 4:30 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 41. Noes 21. Page 3336.).
Read third time. Passed. Ordered to the Assembly.
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 8 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 12. Page 2523.).
Reconsideration granted. (Ayes 40. Noes 0. Page 2523.)
Motion to reconsider made by Senator Mitchell.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2.) (September 1).
From committee: Do pass and re-refer to Com. on RLS. (Ayes 5. Noes 2.) (July 18). Re-referred to Com. on RLS.
In committee: Hearing postponed by committee.
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 43. Noes 17. Page 2087.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 12. Noes 4.) (May 26).
In committee: Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (May 2). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
In committee: Set, first hearing. Hearing canceled at the request of author.
From printer. May be heard in committee March 19.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB859 | HTML |
| 02/16/17 - Introduced | |
| 04/24/17 - Amended Assembly | |
| 04/27/17 - Amended Assembly | |
| 06/15/17 - Amended Senate | |
| 09/15/17 - Enrolled |
| Document | Format |
|---|---|
| No related documents. |
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