CACI VF-2601 Violation of CFRA Rights—Affirmative Defense—Employment Would Have Ceased
California Civil Jury Instructions CACI
VF-2601 Violation of CFRA Rights—Affirmative Defense—Employment Would Have Ceased
We answer the questions submitted to us as follows:
1.Was [name of plaintiff] eligible for family care or medical leave?
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 plaintiff] [request/take] leave for the birth of [his/her/nonbinary pronoun] child or bonding with the child?
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 [name of plaintiff] provide reasonable notice to [name of defendant] of [his/her/nonbinary pronoun] need for [family care/medical] leave?
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] refuse to return [name of plaintiff] to the same or to a comparable job when [his/her/nonbinary pronoun] [family care/medical] leave ended?
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.Would [name of defendant] have [discharged/laid off] [name of plaintiff] if [he/she/nonbinary pronoun] had continued to work during the leave period?
Yes No
If your answer to question 5 is no, then answer question 6. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form.
6.Was [name of defendant]’s [decision/conduct] a substantial factor in causing harm to [name of plaintiff]?
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.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 $
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, December 2010, December 2016
https://crowdsourcelawyers.com/judicial-council-california-civil-jury-instructions-caci
Directions for Use
This verdict form is based on CACI No. 2600, Violation of CFRA Rights—Essential Factual Elements, and CACI No. 2612, Affirmative Defense—Employment Would Have Ceased. If a different affirmative defense is at issue, this form should be tailored accordingly.
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.
Other factual situations can be substituted in question 2 as in element 2 of CACI No. 2600.
If specificity is not required, users do not have to itemize all the damages listed in question 7 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.