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February 2023 appellate case update
Immunity to mandated reporter for false report
The Elder Abuse and Dependent Adult Civil Protection Act (“the Act”) provides absolute immunity for mandated reporters designed to increase reporting of elder abuse and to minimize chilling disincentives to reporting, including fear of being sued. In this case, one caregiver falsely accused another caregiver of trying to murder their elderly patient. The falsely accused caregiver was arrested for attempted murder, was released, and sued the accusing caregiver for malicious prosecution. The accusing caregiver demurred and the trial court sustained the demurrer without leave to amend. The Court of Appeal upheld the trial court, holding that the Act gave absolute immunity to caregivers who are mandated reporters.
Valero v. Spread Your Wings, LLC, case no. H049119
Sixth Appellate District
January 11, 2023