October 4, 2017

Governor Brown vetoes bill to lower standard of proof for punitive damages claims in some Elder Abuse cases (AB 859)

We previously reported that the Legislature approved Assembly Bill 859, which would have lowered the burden of proof for plaintiffs seeking punitive damages in certain Elder Abuse cases, but only after a finding that the defendant had engaged in spoliation of evidence.  Governor Brown vetoed that bill this week.  His veto statement explains that the bill is unnecessary because existing law already provides remedies for spoliation of evidence.