EFFECT OF HOMICIDE OR ABUSE OF AN ELDER OR DEPENDENT ADULT
Applied in 4 court decisions — leading case 156 Cal. App. 4th 676 - In Re Peterson (2007)
Most recently applied in Farmers New World Life Insurance v. Rees (August 2013)
Enacted by Stats. 1990, Ch. 79.
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) A final judgment of conviction of felonious and intentional killing is conclusive for purposes of this part.
(b) In the absence of a final judgment of conviction of felonious and intentional killing, the court may determine by a preponderance of evidence whether the killing was felonious and intentional for purposes of this part. The burden of proof is on the party seeking to establish that the killing was felonious and intentional for the purposes of this part.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.