3109. Abduction--Essential Factual Elements (Welf. & Inst. Code, § 15610.06) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [[name of individual defendant]/ [and] [name of employer defendant]] abducted [him/her/[name of decedent]] in violation of the Elder Abuse and Dependent Adult Civil Protection Act. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [[name of individual defendant]/[name of employer defendant]'s employee] [removed [name of plaintiff/decedent] from California and] restrained [him/her/[name of decedent]] from returning to California; That [name of plaintiff/decedent] was [65 years of age or older/a dependent adult] at the time of the conduct; [That [name of plaintiff/decedent] did not have the capacity to consent to the [removal and] restraint;] [or] [That [[name of plaintiff/decedent]'s conservator/the court] did not consent to the [removal and] restraint;] 4. 5. That [name of plaintiff/decedent] was harmed; and That [[name of individual defendant]'s/[name of employer defendant]'s employee's] conduct was a substantial factor in causing [name of plaintiff/decedent]'s harm. 2. 3. ________________________________________________________________________________ New September 2003; Revised December 2005, October 2008