Last updated: 9/8/2021
3106. Physical Abuse Essential Factual Elements (Welf. Inst. Code, § 15610.63)
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Description
3106. Physical Abuse--Essential Factual Elements (Welf. & Inst. Code, § 15610.63) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [he/she/[name of decedent]]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]; That [name of plaintiff/decedent] was [65 years of age or older/a dependent adult] at the time of the conduct; That [name of plaintiff/decedent] was harmed; and 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. 2. 3. 4. ________________________________________________________________________________ New September 2003; Revised December 2005, October 2008