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California Welfare and Institutions Code Section 15657.5

Legal Research Home > California Laws > Welfare and Institutions Code > California Welfare and Institutions Code Section 15657.5

(a) Where it is proven by a preponderance of the evidence
that a defendant is liable for financial abuse, as defined in Section
15610.30, in addition to compensatory damages and all other remedies
otherwise provided by law, the court shall award to the plaintiff
reasonable attorney's fees and costs. The term "costs" includes, but
is not limited to, reasonable fees for the services of a conservator,
if any, devoted to the litigation of a claim brought under this
article.
   (b) Where it is proven by a preponderance of the evidence that a
defendant is liable for financial abuse, as defined in Section
15610.30, and where it is proven by clear and convincing evidence
that the defendant has been guilty of recklessness, oppression,
fraud, or malice in the commission of the abuse, in addition to
reasonable attorney's fees and costs set forth in subdivision (a),
compensatory damages, and all other remedies otherwise provided by
law, the limitations imposed by Section 377.34 of the Code of Civil
Procedure on the damages recoverable shall not apply.
   (c) The standards set forth in subdivision (b) of Section 3294 of
the Civil Code regarding the imposition of punitive damages on an
employer based upon the acts of an employee shall be satisfied before
any punitive damages may be imposed against an employer found liable
for financial abuse as defined in Section 15610.30. This subdivision
shall not apply to the recovery of compensatory damages or attorney'
s fees and costs.
   (d) Nothing in this section affects the award of punitive damages
under Section 3294 of the Civil Code.
   (e) Any money judgment in an action under this section shall
include a statement that the damages are awarded based on a claim for
financial abuse of an elder or dependent adult, as defined in
Section 15610.30. If only part of the judgment is based on that
claim, the judgment shall specify what amount was awarded on that
basis.

Last modified: February 13, 2012