3109. Abduction - Essential Factual Elements (Welf. & Inst. Code, § 15610.06)

[Name of plaintiff] claims that [name of defendant] abducted [him/ her/[name of decedent]] 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 defendant] [removed [name of plaintiff/ decedent] from California and] restrained [him/her/[name of decedent]] from returning to California;

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] did not have the capacity to consent to the [removal/restraint];]

[That [[name of conservator]/the court] did not consent to the [removal/restraint];]

4. That [name of plaintiff/decedent] was harmed; and

5. That [name of defendant]'s conduct was a substantial factor in causing [name of plaintiff/decedent]'s harm.

Directions for Use

This instruction is intended for plaintiffs who are not seeking survival damages for pain and suffering or attorney fees and costs. Plaintiffs who are seeking such damages should use CACI No. 3110, Abduction— Essential Factual Elements—Enhanced Remedies Sought—Individual or Individual and Employer Defendants (Welf. & Inst. Code, §§ 15657.05, 15610.06), or CACI No. 3111, Abduction—Essential Factual Elements— Enhanced Remedies Sought—Employer Defendant (Welf. & Inst. Code, §§ 15657.05, 15610.06). The instructions in this series are not intended to cover every circumstance under which a plaintiff can bring a cause of action under the Elder Abuse And Dependent Adult Civil Protection Act.

Sources and Authority

Welfare and Institutions Code section 15610.06 provides: " 'Abduction' means the removal from this state and the restraint from returning to his state, or the restraint from returning to this state, of any elder or dependent adult who does not have the capacity to consent to the removal from this state and the restraint from returning to this state, or the restraint from returning to this state, as well as the removal from this state or the restraint from returning to this state, of any conservatee without the consent of the conservator or the court."

"The purpose of the [Elder Abuse Act] is essentially to protect a particularly vulnerable portion of the population from gross mistreatment in the form of abuse and custodial neglect." (Delaney v. Baker (1999) 20 Cal.4th 23, 33 [82 Cal.Rptr.2d 610, 971 P.2d 986].)

Secondary Sources

California Elder Law Litigation (Cont.Ed.Bar 2003-2005) § 2.68

(Revised December 2005)