CACI 3906 Lost Earnings and Lost Earning Capacity—Jurors Not to Reduce Damages on Basis of Race, Ethnicity, or Gender (Economic Damage)

California Civil Jury Instructions CACI

3906 Lost Earnings and Lost Earning Capacity—Jurors Not to Reduce Damages on Basis of Race, Ethnicity, or Gender (Economic Damage)


In determining a reasonable amount of [name of plaintiff]’s [lost earnings/ [and] lost ability to earn money], you must not use race, ethnicity, or gender as a basis for reducing [name of plaintiff]’s [lost earnings/ [and] lost ability to earn money].


Directions for Use

Give this instruction in cases in which the plaintiff seeks damages for lost earnings and/or lost earning capacity from personal injury or wrongful death. Depending on the circumstances, select the type(s) of damages at issue: lost earnings, lost ability to earn money, or both. If this instruction is used, it should follow the applicable instruction(s) in the Items of Economic Damage series. See CACI No. 3903C, Past and Future Lost Earnings (Economic Damage), and CACI No. 3903D, Lost Earning Capacity (Economic Damage).


Sources and Authority

Estimations, Measures, or Calculations of Past, Present, or Future Damages. Civil Code section 3361.


Secondary Sources

6 Witkin, Summary of California Law (11th ed. 2017) Torts, §§ 1843, 1871
Wegner et al., California Practice Guide: Civil Trials & Evidence, Ch. 17-A, Verdicts, ¶ 17:13 (The Rutter Group)
4 Levy et al., California Torts, Ch. 52, Recovery for Medical Expense and Economic Loss, § 52.11 (Matthew Bender)
15 California Forms of Pleading and Practice, Ch. 177, Damages, §§ 177.45, 177.46 (Matthew Bender)