Spoliation of Evidence in Eldercare Cases—The Implications of AB 2773

By Justice For Our Parents

Los Angeles Elder Care Facilities

AB 2773 (Kalra) would have altered the evidentiary burden in elder-abuse claims against residential care and skilled-nursing facilities when a facility intentionally destroyed or concealed evidence. The governor vetoed the bill in September, but the issue remains active and reflects ongoing legislative interest in tightening accountability around evidence integrity.

Moreover, AB 2773 signals a trend toward linking the duty of care with evidence preservation—a useful point for motions, briefs, and client education:

• Facilities and their counsel: double-check your spoliation-prevention policies and update your checklists.
• Plaintiff counsel: This remains a compelling strategic angle in ADR or trial work.

Contact Justice For Our Parents today to learn how we advocate for vulnerable seniors and their families and get the justice they deserve. Call us on 562-982-4311 or connect with us here on the website.