If the plaintiff seeks the enhanced remedies of attorney fees and costs, and in the
case of a wrongful death, the decedent’s pain and suffering, give CACI No. 3104,
Neglect—Enhanced Remedies Sought, in addition to this instruction. (See Welf. &
Inst. Code, § 15657.)
If the individual responsible for the neglect 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.
If the plaintiff is seeking enhanced remedies against the individual’s employer, also
give either CACI No. 3102A, Employer Liability for Enhanced Remedies—Both
Individual and Employer Defendants, or CACI No. 3102B, Employer Liability for
Enhanced Remedies—Employer Defendant Only. To recover damages against the
employer under a theory of vicarious liability, see instructions in the Vicarious
Responsibility series (CACI No. 3700 et seq.).
This instruction is not intended for cases involving professional negligence against
health-care providers as define by the California Medical Injury Compensation
Reform Act of 1975 (MICRA) (see Welf. & Inst. Code, § 15657.2, Civ. Code,
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
• “Elder Abuse” Defined 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.
• “Neglect” Defined Welfare and Institutions Code section 15610.57.
• Claims for Professional Negligence Excluded. Welfare and Institutions Code
• “It is true that statutory elder abuse includes ‘neglect as define in Section
15610.57,’ which in turn includes negligent failure of an elder custodian ‘to
provide medical care for [the elder’s] physical and mental health needs.’ . . .
‘[N]eglect’ within the meaning of Welfare and Institutions Code section
15610.57 covers an area of misconduct distinct from ‘professional negligence.’
As used in the Act, neglect refers not to the substandard performance of
medical services but, rather, to the ‘failure of those responsible for attending to
the basic needs and comforts of elderly or dependent adults, regardless of their
professional standing, to carry out their custodial obligations.’ Thus, the
statutory definitio of ‘neglect’ speaks not of the undertaking of medical
services, but of the failure to provide medical care.” (Covenant Care, Inc. v.
Superior Court (2004) 32 Cal.4th 771, 783 [11 Cal.Rptr.3d 222, 86 P.3d 290],
original italics, internal citations omitted.)
• “The purpose of the [Elder Abuse Act] is essentially to protect a particularly
CACI No. 3103 ELDER ABUSE AND DEPENDENT ADULT PROTECTION