CACI VF-1702 Defamation per se (Private Figure—Matter of Public Concern)
California Civil Jury Instructions CACI
VF-1702 Defamation per se (Private Figure—Matter of Public Concern)
We answer the questions submitted to us as follows:
1.Did [name of defendant] make the following statement to [a person/persons] other than [name of plaintiff]? [Insert claimed per se defamatory statement.]
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 the [person/people] to whom the statement was made reasonably understand that the statement was about [name of plaintiff]?
Yes No
If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
3.Did [this person/these people] reasonably understand the statement to mean that [insert ground(s) for defamation per se, e.g., “[name of plaintiff] had committed a crime”]?
Yes No
If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
4.Was the statement false?
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.Did [name of defendant] fail to use reasonable care to determine the truth or falsity of the statement?
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.
ACTUAL DAMAGES
6.Was [name of defendant]’s conduct a substantial factor in causing [name of plaintiff] actual harm?
Yes No
If your answer to question 6 is yes, then answer question 7. If you answered no, skip question 7 and answer question 8.
7.What are [name of plaintiff]’s actual damages for:
[a.Harm to [name of plaintiff]’s property, business, trade, profession, or occupation? $]
[b.Expenses [name of plaintiff] had to pay as a result of the defamatory statements? $]
[c.Harm to [name of plaintiff]’s reputation? $]
[d.Shame, mortification, or hurt feelings? $]
[If [name of plaintiff] has not proved any actual damages for either c or d, answer question 8. If [name of plaintiff] has proved actual damages for both c and d, skip questions 8 and 9 and answer question 10.]
ASSUMED DAMAGES
8.Did [name of plaintiff] prove by clear and convincing evidence that [name of defendant] knew the statement was false or had serious doubts about the truth of the statement?
Yes No
If your answer to question 8 is yes, then answer question 9. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
9.What are the damages you award [name of plaintiff] for the assumed harm to [his/her/nonbinary pronoun] reputation and for shame, mortification, or hurt feelings? You must award at least a nominal sum.
$
Regardless of your answer to question 9, skip question 10 and answer question 11.
PUNITIVE DAMAGES
10.Did [name of plaintiff] prove by clear and convincing evidence that [name of defendant] knew the statement was false or had serious doubts about the truth of the statement?
Yes No
If your answer to question 10 is yes, then answer question 11. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
11.Did [name of plaintiff] prove by clear and convincing evidence that [name of defendant] acted with malice, oppression, or fraud?
Yes No
If your answer to question 11 is yes, then answer question 12. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
12.What amount, if any, do you award as punitive damages against [name of defendant]?
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 December 2005, April 2008, October 2008, December 2010, December 2016, May 2017
https://crowdsourcelawyers.com/judicial-council-california-civil-jury-instructions-caci
Directions for Use
This verdict form is based on CACI No. 1702, Defamation per se—Essential Factual Elements (Private Figure—Matter of Public Concern).
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.
Multiple statements may need to be set out separately, and if separate damages are claimed as to each statement, separate verdict forms may be needed for each statement because all the elements may need to be found as to each statement.
Give the jury question 3 only if the statement is not defamatory on its face.
In question 7, omit damage items c and d if the plaintiff elects not to present proof of actual damages for harm to reputation and for shame, mortification, or hurt feelings. Whether or not proof for both categories is offered, include question 8. For these categories, the jury may find that no actual damages have been proven but must still make an award of assumed damages.
Additional questions may be needed on the issue of punitive damages if the defendant is a corporate or other entity.
Omit question 12 if the issue of punitive damages has been bifurcated.
If there is a dispute as to whether the statement in question 1 is one of fact or opinion, an additional question or questions will be needed. See CACI No. 1707, Fact Versus Opinion.
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.