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Conservatorship of the Person and Estate of Adams v. Butler1/29/2002
t is liable for physical abuse . . . , neglect . . . , or fiduciary abuse . . . [of an elderly or dependent adult], and that the defendant has been guilty of recklessness, oppression, fraud, or malice in the commission of this abuse, in addition to all other remedies otherwise provided by law: [ ] (a) The court shall award to the plaintiff reasonable attorney's fees and costs . . . ." (Delaney v. Baker (1999) 20 Cal.4th 23, 26; italics added.)
Whether or not such evidence was admissible at this stage of the proceedings under the Elder Abuse Act, defense counsel had asked questions about legal expenses. The court found the defense opened the door by asking other witnesses about defense legal expenses and allowed the questioning on that basis. We agree.
DISPOSITION
The judgment is affirmed. Costs on appeal to be borne by appellant.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.
We concur:
BOREN, P.J.
DOI TODD, J.
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