CACI VF-1721 Trade Libel
California Civil Jury Instructions CACI
VF-1721 Trade Libel
We answer the questions submitted to us as follows:
1.Did [name of defendant] make a statement that [would be clearly or necessarily understood to have] disparaged the quality of [name of plaintiff]’s [product/service]?
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.Was the statement made to a person other than [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.Was the statement untrue?
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.Did [name of defendant] [know that the statement was untrue/act with reckless disregard of the truth or falsity of the statement]?
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] know or should [he/she/nonbinary pronoun] have recognized that someone else might act in reliance on the statement, causing [name of plaintiff] financial loss?
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.Did [name of plaintiff] suffer direct financial harm because someone else acted in reliance on the statement?
Yes No
If your answer to question 6 is yes, then answer question 7. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
7.Was [name of defendant]’s conduct a substantial factor in causing [name of plaintiff]’s harm?
Yes No
If your answer to question 7 is yes, then answer question 8. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
8.What are [name of plaintiff]’s damages?
[a.Past economic loss $]
[b.Future economic loss $]
TOTAL $
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 December 2015; Revised December 2016
https://crowdsourcelawyers.com/judicial-council-california-civil-jury-instructions-caci
Directions for Use
This verdict form is based on CACI No. 1731, Trade Libel—Essential Factual Elements.
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 specificity is not required, users do not have to itemize all the damages listed in question 8 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.