3104. Neglect Enhanced Remedies Sought (Welf. Inst. Code, § 15657)

3104. Neglect--Enhanced Remedies Sought (Welf. & Inst. Code, § 15657) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] also seeks to recover [attorney fees and costs/ [and] damages for [name of decedent]'s pain and suffering]. To recover these remedies, [name of plaintiff] must prove all of the requirements for neglect by clear and convincing evidence, and 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 neglecting [name of plaintiff/decedent]. [If [name of plaintiff] proves the above, I will decide the amount of attorney fees and costs.] ________________________________________________________________________________ New September 2003; Revised June 2005, October 2008