Senate Bill 558 - Letter to California Assembly Judiciary Committee in Opposition

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SB 558 proposes to lower the evidentiary standard for obtaining enhanced remedies available under California's Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) from "clear and convincing" to "preponderance of the evidence." SB 588 is aimed at the long term care industry. The bill's proponents, primarily plaintiff attorneys who look to financially benefit from the bill, would have this Committee believe that skilled nursing and assisted living facilities are fraught with neglect and abuse. This is simply not the case. The bill's proponents would further have this Committee believe that the only way to combat such alleged abuse is to knock down the constitutional protections of due process to these unpopular defendants and allow heightened remedies for what are essentially negligence causes of action.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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