“Plaintiff claims that Defendant abducted him in violation of the Elder Abuse and Dependent Adult Civil Protection Act. To establish this claim, Plaintiff must prove all of the following: 1. That Defendant removed Plaintiff/Decedent from California/ restrained him from returning to California; 2. That Plaintiff/Decedent was 65 years of age or older/a dependent adult at the time of the conduct; 3. That Plaintiff/Decedent did not have the capacity to consent to the removal/restraint or That Plaintiff/Decedent’s conservator/the court did not consent to the removal/restraint; 4. That Plaintiff/Decedent was harmed; and 5. That Defendant’s conduct was a substantial factor in causing Plaintiff/Decedent’s harm.”
[CACI Jury Instructions [citations omitted]]
