Committee approves lower evidentiary standard in elder abuse cases when facilities destroy records

A California Senate Judiciary Committee moved AB 251 forward after supporters said the bill will help families pursue civil claims when long-term care facilities intentionally destroy records. The measure allows a judge, after finding spoliation (intentional destruction) of evidence, to apply the lower preponderance-of-the-evidence standard rather than clear-and-convincing evidence in elder-abuse cases.

The bill, presented by an author’s representative as a targeted response to record destruction in facilities, was described as “narrow but important” and as restoring access to justice for victims who are often ill, incapacitated or deceased. Supporters said courts already have sanctions for spoliation, but those…