CA AB2773

Allows use of preponderance of the evidence standard (instead of clear and convincing evidence) in Elder Abuse and Dependent Adult Civil Protection Act claims when spoliation of evidence is proven by the defendant.

Applies preponderance standard only to claims against residential care facilities for the elderly or skilled nursing facilities, with specific exceptions for facilities owned by acute care hospitals or those holding certain special licenses.

Defines spoliation of evidence as intentional concealment or destruction of evidence by a party intended to prevent its production and materially prejudicing the other party.

Requires evidence subject to spoliation to be material to the claim and specifically required to be maintained or preserved by the defendant under applicable law or regulation.

Becomes inoperative if a court or the Centers for Medicare and Medicaid Services determines the state must reimburse facilities under Medi-Cal for costs related to this section and the Legislature does not appropriate sufficient funds.