CACI No. 3100

Code, § 15610.30)

[Name of plaintiff] claims that [[name of individual defendant]/ [and] [name

of employer defendant]] violated the Elder Abuse and Dependent Adult

Civil Protection Act by taking financial advantage of [him/her/ nonbinary

pronoun/[name of decedent]]. To establish this claim, [name of plaintiff]

must prove that all of the following are more likely to be true than not

true:

1. That [[name of individual defendant]/[name of employer defendant]’s

employee] [insert one of the following:]

1. [[took/hid/appropriated/obtained/ [or] retained] [name of plaintiff/

decedent]’s property;]

1. [or]

1. [assisted in [taking/hiding/appropriating/obtaining/ [or] retaining]

[name of plaintiff/decedent]’s property;]

2. That [name of plaintiff/decedent] was [65 years of age or older/a

dependent adult] at the time of the conduct;

3. That [[name of individual defendant]/[name of employer defendant]’s

employee] [[took/hid/appropriated/obtained/ [or] retained]/assisted

in [taking/hiding/appropriating/obtaining/ [or] retaining]] the

property [for a wrongful use/ [or] with the intent to defraud/ [or]

by undue influence];

4. That [name of plaintiff/decedent] was harmed; and

5. That [[name of individual defendant]’s/[name of employer

defendant]’s employee’ s] conduct was a substantial factor in

causing [name of plaintiff]’s harm.

[One way [name of plaintiff] can prove that [[name of individual

defendant]/[name of employer defendant]’s employee]

[took/hid/appropriated/obtained/ [or] retained] the property for a

wrongful use is by proving that [[name of individual defendant]/[name of

employer defendant]’s employee] knew or should have known that [his/

her/nonbinary pronoun] conduct was likely to be harmful to [name of

plaintiff/decedent].

[[[Name of individual defendant]/[Name of employer defendant]’s employee]

[took/hid/appropriated/obtained/ [or] retained] the property if [name of

plaintiff/decedent] was deprived of the property by an agreement, gift,

will, [or] trust[, or] [specify other testamentary instrument] regardless of

whether the property was held by [name of plaintiff/decedent] or by [his/

her/nonbinary pronoun] representative.]

New September 2003; Revised June 2005, October 2008, April 2009, June 2010,

December 2013, June 2014