Ash Kalra
- Democratic
- Assemblymember
- District 25
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, as defined, has been committed by the defendant, as specified. The bill would make this provision inoperative if there is a final judicial determination in any action by any party, or a final determination by the Centers for Medicare and Medicaid Services, that the state is required by state or federal law or regulation to provide reimbursement under the Medi-Cal program to those facilities for costs associated with this bill and the Legislature does not appropriate sufficient funds to pay for those costs. The bill would make conforming changes to a related provision.
Vetoed by Governor.
Enrolled and presented to the Governor at 4 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 55. Noes 16.).
Assembly Rule 77 suspended.
Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 9.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time and amended. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 9. Noes 2.) (June 25).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 15. Page 5503.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 11. Noes 4.) (May 16).
In committee: Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (April 30). 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 printer. May be heard in committee March 17.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB2773 | HTML |
| 02/15/24 - Introduced | |
| 04/11/24 - Amended Assembly | |
| 06/27/24 - Amended Senate | |
| 08/21/24 - Amended Senate | |
| 08/29/24 - Enrolled |
| Document | Format |
|---|---|
| 04/25/24- Assembly Judiciary | |
| 05/06/24- Assembly Appropriations | |
| 05/20/24- ASSEMBLY FLOOR ANALYSIS | |
| 06/21/24- Senate Judiciary | |
| 06/27/24- Sen. Floor Analyses | |
| 08/22/24- Sen. Floor Analyses | |
| 08/27/24- ASSEMBLY FLOOR ANALYSIS | |
| 10/10/24- ASSEMBLY FLOOR ANALYSIS |
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