CACI 4702 Consumers Legal Remedies Act—Statutory Damages—Senior or Disabled Plaintiff (Civ. Code, § 1780(b))

4702 Consumers Legal Remedies Act—Statutory Damages—Senior or Disabled Plaintiff (Civ. Code, § 1780(b))

If you decide that [name of plaintiff] has proven [his/her/nonbinary pronoun] claim against [name of defendant], in addition to any actual damages that you award, you may award [name of plaintiff] additional damages up to $5,000 if you find all of the following:

1.That [name of plaintiff] has suffered substantial physical, emotional, or economic damage because of [name of defendant]’s conduct;

2.One or more of the following factors:

(a)[Name of defendant] knew or should have known that [his/her/nonbinary pronoun/its] conduct was directed to one or more senior citizens or disabled persons;

(b)[Name of defendant]’s conduct caused one or more senior citizens or disabled persons to suffer:

(1)loss or encumbrance of a primary residence, principal employment, or source of income;

(2)substantial loss of property set aside for retirement, or for personal or family care and maintenance; or

(3)substantial loss of payments received under a pension or retirement plan or a government benefits program, or assets essential to the health or welfare of the senior citizen or disabled person;

or

(c)One or more senior citizens or disabled persons are substantially more vulnerable than other members of the public to [name of defendant]’s conduct because of age, poor health or infirmity, impaired understanding, restricted mobility, or disability, and actually suffered substantial physical, emotional, or economic damage resulting from the defendant’s conduct;

and

3.That an additional award is appropriate.

Secondary Sources