California Civil Jury Instructions (CACI) (2017)

3100. Financial Abuse - Essential Factual Elements (Welf. & Inst. Code, § 15610.30)

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3100.Financial Abuse—Essential Factual Elements (Welf. & Inst.
Code, § 15610.30)
[Name of plaintiff] claims that [[name of individual defendant]/ [and]
[name of employer defendant]] violated the Elder Abuse and Dependent
Adult Civil Protection Act by taking financia advantage of [him/her/
[name of decedent]]. To establish this claim, [name of plaintiff] must prove
that all of the following are more likely to be true than not true:
1. That [[name of individual defendant]/[name of employer
defendant]’s employee] [insert one of the following:]
1. [[took/hid/appropriated/obtained/ [or] retained] [name of plaintiff/
decedent]’s property;]
1. [or]
1. [assisted in [taking/hiding/appropriating/obtaining/ [or] retaining]
[name of plaintiff/decedent]’s property;]
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 individual defendant]/[name of employer
defendant]’s employee] [[took/hid/appropriated/obtained [or]
retained]/assisted in [taking/hiding/appropriating/obtaining/ [or]
retaining]] the property [for a wrongful use/ [or] with the intent
to defraud/ [or] by undue influence]
4. That [name of plaintiff/decedent] was harmed; and
5. That [[name of individual defendant]’s/[name of employer
defendant]’s employee’s] conduct was a substantial factor in
causing [name of plaintiff]’s harm.
[One way [name of plaintiff] can prove that [[name of individual
defendant]/[name of employer defendant]’s employee]
[took/hid/appropriated/obtained/ [or] retained] the property for a
wrongful use is by proving that [[name of individual defendant]/[name of
employer defendant]’s employee] knew or should have known that [his/
her] conduct was likely to be harmful to [name of plaintiff/decedent].
[[[Name of individual defendant]/[Name of employer defendant]’s employee]
[took/hid/appropriated/obtained/ [or] retained] the property if [name of
plaintiff/decedent] was deprived of the property by an agreement, gift,
will, [or] trust[, or] [specify other testamentary instrument] regardless of
whether the property was held by [name of plaintiff/decedent] or by [his/
her] representative.]
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New September 2003; Revised June 2005, October 2008, April 2009, June 2010,
December 2013, June 2014
Directions for Use
This instruction may be given in cases brought under the Elder Abuse and
Dependent Adult Civil Protection Act by the victim of elder financia abuse, or by
the survivors of the victim. If the victim is the plaintiff and is seeking damages for
pain and suffering, see CACI No. 3905A, Physical Pain, Mental Suffering, and
Emotional Distress (Noneconomic Damage) in the Damages series. Plaintiffs who
are suing for their decedent’s pain and suffering should also use CACI No. 3101,
Financial Abuse—Decedent’s Pain and Suffering.
If the individual responsible for the financia abuse is a defendant in the case, use
“[name of individual defendant]” throughout. If only the individual’s employer is a
defendant, use “[name of employer defendant]’s employee” throughout.
To recover compensatory damages, attorney fees, and costs against the employer
under a theory of vicarious liability, see instructions in the Vicarious Responsibility
series (CACI No. 3700 et seq.).
If “for a wrongful use” is selected in element 3, give the next-to-last optional
paragraph on appropriate facts. This is not the exclusive manner of proving
wrongful conduct under the statute. (See Welf. & Inst. Code, § 15610.30(b).)
If “by undue influence is selected in element 3, also give CACI No. 3117,
Financial Abuse—“Undue Influence Explained.
Include the last optional paragraph if the elder was deprived of a property right by
an agreement, donative transfer, or testamentary bequest. (See Welf. & Inst. Code,
§ 15610.30(c).)
The instructions in this series are not intended to cover every circumstance in
which a plaintiff may bring a cause of action under the Elder Abuse and Dependent
Adult Civil Protection Act.
Sources and Authority
• Abuse of Elder or Dependent Adult. Welfare and Institutions Code section
15610.07.
“Dependent Adult” Defined Welfare and Institutions Code section 15610.23.
• “Elder” Defined Welfare and Institutions Code section 15610.27.
• “Financial Abuse” Defined Welfare and Institutions Code section 15610.30.
• “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].)
• “The Legislature enacted the Act to protect elders by providing enhanced
remedies to encourage private, civil enforcement of laws against elder abuse
CACI No. 3100 ELDER ABUSE AND DEPENDENT ADULT PROTECTION
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and neglect. An elder is define as ‘any person residing in this state, 65 years of
age or older.’ The proscribed conduct includes financia abuse. The financia
abuse provisions are, in part, premised on the Legislature’s belief that in
addition to being subject to the general rules of contract, financia agreements
entered into by elders should be subject to special scrutiny.” (Bounds v.
Superior Court (2014) 229 Cal.App.4th 468, 478 [177 Cal.Rptr.3d 320], internal
citations omitted.)
• “The probate court cited Welfare and Institutions Code section 15610.30 to
impose financia elder abuse liability as to plaintiffs’ firs cause of action for
fiduciar abuse of an elder. This liability is supported by the court’s finding
that ‘[decedent] did not know the extent of [defendant’s] spending,’ and that
‘[w]hile it is not uncommon for a spouse to spend money or purchase items of
which the other is unaware, and the line between such conduct and financia
abuse is not always clear, what [defendant] did in this case went well beyond
the line of reasonable conduct and constituted financia abuse,’ and the court’s
further conclusion that much of defendant’s credit card spending and writing
herself checks from decedent’s bank account during the marriage amounted to
financia abuse.” (Lintz v. Lintz (2014) 222 Cal.App.4th 1346, 1356 [167
Cal.Rptr.3d 50].)
• “[T]he Legislature enacted the Act, including the provision prohibiting a taking
by undue influence to protect elderly individuals with limited or declining
cognitive abilities from overreaching conduct that resulted in a deprivation of
their property rights. To require the victim of financia elder abuse to wait to
fil suit until an agreement obtained through the statutorily proscribed conduct
has been performed would not further that goal.” (Bounds, supra, 229
Cal.App.4th at p. 481.)
• “When the [operable pleading] was filed former section 15610.30, subdivision
(a)(3) referred to the definitio of undue influenc found in Civil Code section
1575. However, in 2013, the Legislature amended section 15610.30, subdivision
(a)(3) to refer, instead, to a broader definitio of undue influenc found in the
newly enacted section 15610.70.” (Bounds, supra, 229 Cal.App.4th at p. 479.)
Secondary Sources
6 Witkin, Summary of California Law (10th ed. 2005) Torts, §§ 1686–1688
Balisok, Civil Litigation Series: Elder Abuse Litigation, §§ 5:1 et seq., 7.2,
22:9–22:12 (The Rutter Group)
California Elder Law Litigation (Cont.Ed.Bar 2003) §§ 6.23, 6.30–6.34
1 California Forms of Pleading and Practice, Ch. 5, Abuse of Minors and Elders,
§ 5.33[4] (Matthew Bender)
ELDER ABUSE AND DEPENDENT ADULT PROTECTION CACI No. 3100
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