CACI VF-1502 Malicious Prosecution—Wrongful Use of Civil Proceedings—Affirmative Defense—Reliance on Counsel

California Civil Jury Instructions CACI

VF-1502 Malicious Prosecution—Wrongful Use of Civil Proceedings—Affirmative Defense—Reliance on Counsel


We answer the questions submitted to us as follows:

1.Was [name of defendant] actively involved in bringing [or continuing] the lawsuit against [name of plaintiff]?

 Yes     No

If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

2.Did [name of defendant] make a full and honest disclosure of all the important facts known to [him/her/nonbinary pronoun] to [his/her/nonbinary pronoun] attorney?

 Yes     No

If your answer to question 2 is yes, then answer question 3. If you answered no, skip question 3 and answer question 4.

3.Did [name of defendant] reasonably rely on [his/her/nonbinary pronoun] attorney’s advice?

 Yes     No

If your answer to question 3 is no, then answer question 4. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form.

4.Did [name of defendant] act primarily for a purpose other than succeeding on the merits of the claim?

 Yes     No

If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

5.Was [name of defendant]’s conduct a substantial factor in causing harm to [name of plaintiff]?

 Yes     No

If your answer to question 5 is yes, then answer question 6. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

6.What are [name of plaintiff]’s damages?

[a.Past economic loss

[lost earnings  $]

[lost profits  $]

[medical expenses  $]

[other past economic loss  $]

Total Past Economic Damages: $]

[b.Future economic loss

[lost earnings  $]

[lost profits  $]

[medical expenses  $]

[other future economic loss$]

Total Future Economic Damages: $]

[c.Past noneconomic loss, including [physical
pain/mental suffering:]  $]

[d.Future noneconomic loss, including [physical
pain/mental suffering:]  $]

TOTAL $

Signed:Presiding Juror
Dated:

After [this verdict form has/all verdict forms have] been signed, notify the [clerk/bailiff/court attendant] that you are ready to present your verdict in the courtroom.


New September 2003; Revised April 2007, April 2008, December 2010, December 2016


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Directions for Use

This verdict form is based on CACI No. 1501, Wrongful Use of Civil Proceedings, and CACI No. 1510, Affirmative Defense—Reliance on Counsel.

The special verdict forms in this section are intended only as models. They may need to be modified depending on the facts of the case.

If there are disputed issues of fact on the elements of probable cause or favorable termination that the jury must resolve, include additional questions or provide special interrogatories on these elements. (See CACI No. 1501, elements 2 and 3.)

If specificity is not required, users do not have to itemize all the damages listed in question 6 and do not have to categorize “economic” and “noneconomic” damages, especially if it is not a Proposition 51 case. The breakdown of damages is optional depending on the circumstances.

If there are multiple causes of action, users may wish to combine the individual forms into one form. If different damages are recoverable on different causes of action, replace the damages tables in all of the verdict forms with CACI No. VF-3920, Damages on Multiple Legal Theories.

If the jury is being given the discretion under Civil Code section 3288 to award prejudgment interest (see Bullis v. Security Pac. Nat’l Bank (1978) 21 Cal.3d 801, 814 [148 Cal.Rptr. 22, 582 P.2d 109]), give CACI No. 3935, Prejudgment Interest. This verdict form may need to be augmented for the jury to make any factual findings that are required in order to calculate the amount of prejudgment interest.