As such, it may be somewhat easier to prove. Mandatory award of elder's reasonable attorneys' fees and costs. Whether the defendant took reasonable and timely steps to determine the likelihood and extent of liability. The reasonableness and timeliness of any written offer in compromise made by a party to the action. Thus, a decedent elder's claim of damages for pain, suffering, or disfigurement survives the elder's death.
Enhanced remedies are cumulative to all remedies otherwise provided by law.
Concurrent Probate Court Jurisdiction Only available if a conservator has been appointed for the plaintiff before an elder abuse action is initiated. The probate court may determine an elder abuse claim is more appropriately a civil action, and transfer the case to the general civil calendar. The elder's death does not cause the probate court to lose jurisdiction of an elder abuse action. Prof. Code 17200, et seq. A broad foundation for virtually all consumer protection litigation in California.