CACI 3068 Ralph Act—Damages and Penalty (Civ. Code, §§ 51.7, 52(b))

California Civil Jury Instructions CACI

3068 Ralph Act—Damages and Penalty (Civ. Code, §§ 51.7, 52(b))

If you decide that [name of plaintiff] has proved [his/her/nonbinary pronoun] claim against [name of defendant], you must award the following:

1.Actual damages sufficient to reasonably compensate [name of plaintiff] for the harm;

2.A civil penalty of $25,000; and

3.Punitive damages.

[Name of plaintiff] must prove the amount of [his/her/nonbinary pronoun] actual damages. However, [name of plaintiff] does not have to prove the exact amount of the harm or the exact amount of damages that will provide reasonable compensation for the harm. You must not speculate or guess in awarding damages.

The following are the specific items of actual damages claimed by [name of plaintiff]:

[Insert item(s) of claimed harm.]

New September 2003; Revised June 2012; Renumbered from CACI No. 3027 December 2012

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Directions for Use

Give this instruction for violations of the Ralph Act. (See Civ. Code, § 51.7; CACI No. 3063, Acts of Violence—Ralph Act—Essential Factual Elements, and CACI No. 3064, Threats of Violence—Ralph Act—Essential Factual Elements.) This instruction may also be given for claims under Civil Code section 51.9 (see CACI No. 3065, Sexual Harassment in Defined Relationship—Essential Factual Elements) with item 2 omitted. (See Civ. Code, § 52(b)(2).)

See the Damages series (CACI Nos. 3900 et seq.) for additional instructions on actual damages and punitive damages. CACI No. 3942, Punitive Damages—Individual Defendant—Bifurcated Trial (Second Phase), instructs the jury on how to calculate the amount of punitive damages.

Sources and Authority

Remedies Under Ralph Act. Civil Code section 52(b).

Secondary Sources

8 Witkin, Summary of California Law (11th ed. 2017) Constitutional Law, §§ 1014, 1015
Chin, et al., California Practice Guide: Employment Litigation, Ch. 7-G, Unruh Civil Rights Act, ¶ 7:1525 et seq. (The Rutter Group)
11 California Forms of Pleading and Practice, Ch. 116, Civil Rights: Discrimination in Business Establishments, § 116.15 (Matthew Bender)
3 California Points and Authorities, Ch. 35, Civil Rights: Unruh Civil Rights Act, § 35.48 (Matthew Bender)