CACI 3106 Physical Abuse—Essential Factual Elements (Welf. & Inst. Code, § 15610.63)
California Civil Jury Instructions CACI
3106 Physical Abuse—Essential Factual Elements (Welf. & Inst. Code, § 15610.63)
[Name of plaintiff] claims that [he/she/nonbinary pronoun/[name of decedent]] was physically abused by [[name of individual defendant]/ [and] [name of employer defendant]] 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 individual defendant]/[name of employer defendant]’s employee] physically abused [name of plaintiff/decedent] by [insert applicable grounds for abuse];
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] was harmed; and
4.That [[name of individual defendant]’s/[name of employer defendant]’s employee’s] conduct was a substantial factor in causing [name of plaintiff/decedent]’s harm.
New September 2003; Revised December 2005, October 2008
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 physical 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.
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. 3107, Physical Abuse—Enhanced Remedies Sought, in addition to this instruction. (See Welf. & Inst. Code, § 15657.)
If the individual responsible for the physical 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.
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.).
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.
•“Physical Abuse” Defined. Welfare and Institutions Code section 15610.63.
•“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].)