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Panel advances bill letting judges lower proof standard when nursing homes destroy records
Summary
At a Senate Judiciary Committee hearing, members advanced Assembly Bill 251, which would let a judge apply the lower preponderance-of-the-evidence standard in certain elder-abuse and dependent-adult civil cases when the court finds intentional destruction of evidence by a skilled nursing facility or residential care facility for the elderly (RCFE).
At a Senate Judiciary Committee hearing, members advanced Assembly Bill 251, which would let a judge apply the lower preponderance-of-the-evidence standard in certain elder-abuse and dependent-adult civil cases when the court finds intentional destruction of evidence by a skilled nursing facility or residential care facility for the elderly (RCFE).
Assemblymember (presenting) said the bill narrows relief to cases where a court first finds spoliation and preserves judicial discretion, saying it addresses a governor's prior veto by allowing judges to decide whether to apply…
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