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Elder Abuse Statutes (Civil - Private Actions)

CODE SECTION DESCRIPTION PENALTY
BUSINESS & PROFESSIONS CODE
17200 et seq. and
17500 et seq.
(Unfair Business Practice; Deceptive Advertising)
Any unlawful, unfair or fraudulent business act or practice; deceptive, false or misleading advertising Restitution; injunctive relief (damages and civil penalties not available to private litigants)
CIVIL CODE 3345
(Treble Fines, Penalties, or Remedies)
Treble fines, penalties, or remedies allowed in actions brought on behalf of senior citizens or disabled persons which involve unfair or deceptive acts or practices or unfair methods of competition Treble fines, penalties, or remedies
GOVERNMENT CODE
12650 et seq.

(False Claims)
Knowingly presents or causes to be presented a false claim to the state for money, property or services; Govt. Code 12652(c)(1) provides authority for private person to bring action on behalf of state

Civil penalty of treble damages and up to $10,000 for each false claim
WELFARE & INSTITUTIONS CODE
15600 et seq.
(Elder Abuse and Dependent Adult Civil Protection Act)
If clear and convincing evidence that a defendant is liable for abuse or neglect of an elder or dependent adult, and defendant has been guilty of recklessness, oppression, fraud, or malice, the elder or dependent adult is entitled to certain enhanced remedies Punitive damages; reasonable attorney's fees and costs; claim for general damages for pain and suffering survives death of victim

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