CA AB251

Allows courts to use a lower "preponderance of the evidence" standard instead of "clear and convincing evidence" in elder abuse cases against residential care facilities, adult community care facilities, and skilled nursing facilities when the defendant has committed spoliation of evidence

Defines "spoliation of evidence" as intentional improper alteration, concealment, or destruction of records or documents intended to prevent evidence production that materially prejudices the other party

Applies when a plaintiff wins a discovery motion due to spoliation or when a judge/arbitrator determines spoliation occurred at any point during litigation or arbitration

Excludes facilities owned or operated by general acute care hospitals, acute psychiatric hospitals, special hospitals, and certain facilities licensed under specific Health and Safety Code provisions

Becomes inoperative if a court or Centers for Medicare and Medicaid Services determines the state must reimburse affected facilities under Medi-Cal for costs associated with this law and the Legislature does not appropriate sufficient funds