Special Fee Shifting Statute: Arace Decision Now Published

Welfare And Institutions Code § 15657.5(a) Mandates An Award Of Reasonable Attorney Fees/Costs Against Defendant Found Liable For Financial Abuse Under The Elder Abuse Act Even If Damages Are Not Awarded.

            We discussed the then unpublished case of Arace v. Medico Investments, LLC, Case No. E071194 (4^th Dist., Div. 2) in our March 25, 2020 post.  The case involves defendants’ unsuccessful appeal of attorney’s fees and costs awarded against them after a jury found them liable for financial abuse and neglect claims under the Elder Abuse Act.  Defendants claimed the award was made in error because the jury had awarded plaintiff damages only on the neglect claims – with no damages awarded on the financial abuse claim.  However, as the 4/2 DCA pointed out, the jury’s finding that defendants were liable for financial abuse mandated an award against them for plaintiff’s reasonable attorney’s fees and costs – pursuant to Welfare and Institutions Code section 15657.5(a) – even if no other form of relief was granted by the jury.  Arace was certified for publication on May 11, 2020.