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CaliforniaAB 2512025-2026 Regular SessionHouseWALLET

Elders and dependent adults: abuse or neglect.

Sponsored By: Ash Kalra (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Stronger court remedies for elder abuse victims

When an elder or dependent adult proves physical abuse, neglect, or abandonment and the defendant acted with recklessness, oppression, fraud, or malice, the court awards reasonable attorney’s fees and costs. Costs include reasonable fees for a conservator who worked on the case. The normal limits in Code of Civil Procedure section 377.34 do not apply, but total damages cannot exceed the cap in Civil Code section 3333.2(b). An employer can be hit with damages or attorney’s fees only if the Civil Code section 3294(b) standards for employer liability are met.

Lower proof when care homes destroy records

A court can use a lower proof standard (preponderance of the evidence) for elder‑abuse remedies when a care facility destroys, hides, or alters material records. The court can do this if the plaintiff wins a spoliation discovery motion or a judge or arbitrator finds spoliation, and the court must issue written findings. Spoliation means intentional alteration, concealment, or destruction meant to block production that harms the other side; judges consider if it broke a retention rule or a preserve notice, and whether the records were material and had to be kept. This applies to licensed residential care for the elderly, adult community care homes, and skilled nursing facilities; it does not apply to facilities run by general acute care, acute psychiatric, or special hospitals, or to facilities with Health and Safety Code 1254(b) or (c) licenses. This adds to other remedies and does not change the separate 15657.03 standard; lawmakers state it is not a new Medi‑Cal cost, and if a final court or CMS requires Medi‑Cal payments and the Legislature does not fund them, this section stops operating.

Sponsors & Cosponsors

Sponsor

  • Ash Kalra

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 175 • No: 29

House vote • 9/8/2025

Item 19 — Assembly AFLOOR

Yes: 60 • No: 10

Senate vote • 9/4/2025

Item 192 — Senate SFLOOR

Yes: 29 • No: 7

legislature vote • 8/29/2025

Vote in CS61

Yes: 5 • No: 2

legislature vote • 6/30/2025

Vote in CS61

Yes: 6 • No: 0

legislature vote • 6/17/2025

Vote in CS53

Yes: 10 • No: 0

House vote • 4/1/2025

Item 18 — Assembly AFLOOR

Yes: 57 • No: 8

legislature vote • 3/25/2025

Vote in CX13

Yes: 8 • No: 2

Actions Timeline

  1. Chaptered by Secretary of State - Chapter 433, Statutes of 2025.

    10/7/2025Senate

  2. Approved by the Governor.

    10/7/2025legislature

  3. Enrolled and presented to the Governor at 4:30 p.m.

    9/15/2025legislature

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 60. Noes 10. Page 3023.).

    9/8/2025House

  5. In Assembly. Concurrence in Senate amendments pending.

    9/4/2025House

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 7. Page 2515.).

    9/4/2025Senate

  7. Read second time. Ordered to third reading.

    8/29/2025Senate

  8. From committee: Do pass. (Ayes 5. Noes 2.) (August 29).

    8/29/2025Senate

  9. In committee: Referred to APPR. suspense file.

    6/30/2025Senate

  10. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

    6/23/2025Senate

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 17). Re-referred to Com. on APPR.

    6/17/2025Senate

  12. Referred to Coms. on JUD. and APPR.

    5/7/2025Senate

  13. In Senate. Read first time. To Com. on RLS. for assignment.

    4/2/2025Senate

  14. Read third time. Passed. Ordered to the Senate. (Ayes 57. Noes 8.)

    4/1/2025House

  15. Read second time. Ordered to third reading.

    3/27/2025House

  16. From committee: Do pass. (Ayes 8. Noes 2.) (March 25).

    3/26/2025House

  17. Re-referred to Com. on JUD.

    3/20/2025House

  18. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

    3/19/2025House

  19. Referred to Com. on JUD.

    2/10/2025House

  20. From printer. May be heard in committee February 15.

    1/16/2025House

  21. Read first time. To print.

    1/15/2025House

Bill Text

  • Chaptered

    10/7/2025

    HTML

  • Enrolled

    9/10/2025

    HTML

  • Amended Senate

    6/23/2025

    HTML

  • Amended Assembly

    3/19/2025

    HTML

  • Introduced

    1/15/2025

    HTML

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