BILL NUMBER: SB 611	CHAPTERED
	BILL TEXT

	CHAPTER  45
	FILED WITH SECRETARY OF STATE  JULY 12, 2007
	APPROVED BY GOVERNOR  JULY 12, 2007
	PASSED THE SENATE  JULY 2, 2007
	PASSED THE ASSEMBLY  JUNE 25, 2007
	AMENDED IN ASSEMBLY  MAY 31, 2007
	AMENDED IN SENATE  MARCH 26, 2007

INTRODUCED BY   Senator Steinberg

                        FEBRUARY 22, 2007

   An act to add Section 15657.01 to the Welfare and Institutions
Code, relating to elder and dependent adult financial abuse.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 611, Steinberg. Financial abuse of elder and dependent adults.
   Existing law provides for the award of attorney's fees and costs,
and damages to a plaintiff when it is proven by a preponderance of
the evidence that the defendant is liable for financial abuse of an
elder or dependent adult and permits additional recovery where there
is clear and convincing evidence of recklessness, oppression, fraud,
or malice.
   Under the Attachment Law, a plaintiff is authorized to use the
remedy of attachment against a defendant's property to secure the
amount of the claimed indebtedness to the plaintiff in connection
with cases involving contracts.
   This bill would also permit the use of the Attachment Law in cases
involving financial abuse against an elder or dependent adult,
whether or not other forms of relief are demanded.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 15657.01 is added to the Welfare and
Institutions Code, to read:
   15657.01.  Notwithstanding Section 483.010 of the Code of Civil
Procedure, an attachment may be issued in any action for damages
pursuant to Section 15657.5 for financial abuse of an elder or
dependent adult, as defined in Section 15610.30. The other provisions
of the Code of Civil Procedure not inconsistent with this article
shall govern the issuance of an attachment pursuant to this section.
In an application for a writ of attachment, the claimant shall refer
to this section. An attachment may be issued pursuant to this section
whether or not other forms of relief are demanded.