Special Fee Shifting Statute: Elder Abuse Fee-Shifting Provision For Financial Abuse Applies If Liability Found Even If No Damages Ultimately Awarded

Plaintiff Did Recover Damages For Elder Abuse Neglect, Such That Jury Likely Did Not Award “Double Damages” In Any Event On The Financial Abuse Claim.

            In Arace v. Medico Investments, LLC, Case No. E071194 (4^th Dist., Div. 2 Mar. 24, 2020) (unpublished), plaintiff, as personal representative for an elder, sued a senior residential care facility and an employee for elder financial and neglect abuse under the Elder Abuse Act.  The jury found in favor of plaintiff on her financial abuse claim but assessed no economic or noneconomic damages.  The jury also found in favor on the neglect claim, awarding $39,296.32 in economic damages and finding the elder home acted with recklessness, oppression, or fraud, likely not awarding damages on the financial abuse claim so as to not “double dip” on damages assessment.  The trial judge later awarded $89,410 in attorney’s fees and $20,995.36 in costs.

            Defendants appealed, claiming that the “no damages” award on the financial abuse claim undercut the fees/costs awards.   Not so, said the 4/2 DCA.  Welfare and Institutions Code section 15657.5(a) clearly state that a defendant found liable for financial abuse is mandatorily answerable to a plaintiff for reasonable attorney’s fees and costs “in addition to compensatory damages and all other remedies otherwise provided by law.”  Given the jury’s liability determinations of financial abuse, fees/costs recovery was mandatory even if no other form of relief was granted by the jury.