3101. Financial Abuse Decedents Pain and Suffering (Welf. Inst. Code, § 15657.5)

3101. Financial Abuse--Decedent's Pain and Suffering (Welf. & Inst. Code, § 15657.5) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] also seeks to recover damages for [name of decedent]'s pain and suffering. To recover these damages, [name of plaintiff] must also prove by clear and convincing evidence that [name of individual defendant/[name of employer defendant]'s employee] acted with [recklessness/oppression/fraud/ [or] malice] in committing the financial abuse. ________________________________________________________________________________ New September 2003; Revised June 2005, October 2008, April 2009