3100. Financial Abuse--Essential Factual Elements (Welf. & Inst. Code, § 15610.30) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [[name of individual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]] violated the Elder Abuse and Dependent Adult Civil Protection Act by taking financial advantage of [him/her/[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:] [[took/hid/appropriated/obtained/ [or] retained] [name of plaintiff/decedent]'s property;] [or] [assisted in [taking/hiding/appropriating/obtaining/ [or] retaining] [name of plaintiff]/[name of decedent]'s property;] 2. 3. That [name of plaintiff]/[name of decedent] was [65 years of age or older/a dependent adult] at the time of the conduct; 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]; That [name of plaintiff]/[name of 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 4. 5. 3100. Financial Abuse--Essential Factual Elements (Welf. & Inst. Code, § 15610.30) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 plaintiff]'s harm.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] conduct was likely to be harmful to [name of plaintiff]/[name of decedent].] [[[Name of individual defendant]/[Name of employer defendant]'s employee] [took/hid/appropriated/obtained/ [or] retained] the property if [name of plaintiff]/[name of 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]/[name of decedent] or by [his/her] representative.] ________________________________________________________________________________ New September 2003; Revised June 2005, October 2008, April 2009, June 2010, December 2013, June 2014