DELANEY v. BAKER

No. S067060.

82 Cal.Rptr.2d 610 (1999)

971 P.2d 986

20 Cal.4th 23

Kay DELANEY, Plaintiff and Respondent, v. Calvin BAKER, Sr., et al. Defendants and Appellants.

Supreme Court of California.

March 4, 1999.


Attorney(s) appearing for the Case

Klauschie & Shannon, Law Offices of Klauschie & Elie, Thomas J. Kristof; Farmer & Murphy, George E. Murphy and Frank J. Torrano, Rancho Cordova, for Defendants and Appellants.

Thelen Reid & Priest, Curtis A. Cole and Matthew S. Levinson, Los Angeles, for California Medical Association, California Dental Association and California Healthcare Association as Amici Curiae on behalf of Defendants and Appellants.

Fred J. Hiestand, Sacramento, for the Association for California Tort Reform as Amicus Curiae on behalf of Defendants and Appellants.

Foley & Lardner, J. Mark Waxman, Washington, District of Columbia, Mark E. Reagan, San Francisco, and Kenneth L. Burgess for California Association of Health Facilities as Amicus Curiae on behalf of Defendants and Appellants.

Hanson, Bridgett, Marcus, Vlahos & Rudy, Paul A. Gordon, Robert L. Rusky and James A. Napoli, San Francisco, for the California Association of Homes and Services for the Aging as Amicus Curiae on behalf of Defendants and Appellants.

Sanford I. Horowitz, Sonoma; Leslie Ann Clement, Sacramento; and Richard M. Pearl, San Francisco, for Plaintiff and Respondent.

Silvio Nardoni, Glendale; Peter G. Lomhoff, Oakland; Houck & Balisok, Russell S. Balisok and Steven C. Wilheim, Glendale, for California Advocates for Nursing Home Reform, Inc., as Amicus Curiae on behalf of Plaintiff and Respondent.

Bet Tzedek Legal Services, Eric M. Carlson; Kaye, Scholer, Fierman, Hays & Handler, Carole E. Handler and Rhonda R. Trotter, Los Angeles, for American Association of Retired Persons and National Citizens' Coalition for Nursing Home Reform, Inc., as Amici Curiae on behalf of Plaintiff and Respondent.

Gwilliam, Ivary, Chiosso, Cavalli & Brewer, Eric H. Ivary, Oakland, and James A.N. Smith for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiff and Respondent.


MOSK, J.

This case is concerned with the relationship between two parts of the Elder Abuse and Dependent Adult Civil Protection Act, Welfare and Institutions Code1 section 15600 et seq. (hereinafter the Elder Abuse Act). Section 15657 provides in part that "Where it is proven by clear and convincing evidence that a defendant is liable for physical abuse..., neglect ..., or fiduciary abuse...

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