What is the test for pleading guilty in a case of dependent adult abuse?

California, United States of America


The following excerpt is from Chaidez v. Paramount Meadows Nursing Ctr., L.P., B234051 (Cal. App. 2012):

inferred from those pleaded, and facts of which judicial notice may be taken. (Schifando v. City of Los Angeles, supra, 31 Cal.4th at p. 1081.)

2. Dependent Adult Abuse (First and Second Causes of Action)

The first and second causes of action in the operative complaint seek enhanced remedies for dependent adult abuse under the Elder Abuse and Dependent Adult Civil Protection Act (Elder Abuse Act) (Welf. & Inst. Code, 15600 et seq.). The Elder Abuse Act was enacted to provide for the "private, civil enforcement of laws against elder abuse and neglect." (Delaney v. Baker (1999) 20 Cal.4th 23, 33 (Delaney).) It affords heightened remedies to a person who proves "by clear and convincing evidence" both that a defendant is liable for physical abuse, neglect, or financial abuse (as defined in the Elder Abuse Act) and that the defendant is guilty of "recklessness, oppression, fraud, or malice" in the commission of such abuse. ( 15657.)

Neglect is defined in section 15610.57 as "[t]he negligent failure of any person having the care or custody of an elder or dependent adult to exercise that degree of care that a reasonable person in a like position would exercise." ( 15610.57, subd. (a)(1).) "Neglect includes, but is not limited to, all of the following: [] (1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter. [] (2) Failure to provide medical care for physical and mental health needs. . . . [] (3) Failure to protect from health and safety hazards. [] (4) Failure to prevent malnutrition or dehydration. . . ." ( 15610.57, subd. (b)(1)-(4).) "[N]eglect as a form of abuse under the Elder Abuse Act refers 'to the failure of those responsible for attending to the basic needs and comforts of elderly or dependent adults, regardless of their professional standing, to carry out their custodial obligations.' [Citation.]" (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 404.)

In Carter v. Prime Healthcare Paradise Valley LLC, supra, 198 Cal.App.4th 396, the court compiled the cases and distilled several factors that must be present to plead

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