California Court of Appeal

In order to recover attorney's fees under Welfare and Institutions Code section 15657, the plaintiff must establish by clear and convincing evidence a defendant's liability for neglect, and because causation is an element of liability, the plaintiff must prove such causation under the clear and convincing evidence standard.

Appellate Information

• Decided 06/02/2008
• Published 06/02/2008

Judges

• MOSK, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Balisok & Associates, Russell S. Balisok, Steven C. Wilheim, for Plaintiffs and Appellants.


• For Appellees:
  
• Horvitz & Levy, Julie L. Woods, Robert H. Wright, Encino;  Wroten & Associates, Kippy L. Wroten, Regina A. Casey, and Sarah P. Gates, for Defendants and Appellants.