CACI VF-3031 Discrimination in Business Dealings (Civ. Code, §§ 51.5, 52(a))
California Civil Jury Instructions CACI
VF-3031 Discrimination in Business Dealings (Civ. Code, §§ 51.5, 52(a))
We answer the questions submitted to us as follows:
1.Did [name of defendant] [discriminate against/boycott/blacklist/refuse to buy from/refuse to contract with/refuse to sell to/refuse to trade with] [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.Was [[name of defendant]’s perception of] [name of plaintiff]’s [sex/race/color/religion/ancestry/national origin/disability/medical condition/genetic information/marital status/sexual orientation/citizenship/primary language/immigration status/[insert other actionable characteristic]] a substantial motivating reason for [name of defendant]’s conduct?
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 [name of defendant]’s conduct a substantial factor in causing harm to [name of plaintiff]?
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.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 $
Answer question 5.
5.What amount, if any, do you award as a penalty 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 April 2007, December 2010, June 2012; Renumbered from CACI No. VF-3011 December 2012; Revised June 2013, December 2016
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Directions for Use
This verdict form is based on CACI No. 3061, Discrimination in Business Dealings—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 an alternative basis for the defendant’s alleged motivation is at issue, modify question 2 as in element 2 of CACI No. 3061.
The award of a penalty in question 5 refers to the right of the jury to award a maximum of three times the amount of actual damages but not less than $4,000. (Civ. Code, § 52(a).) The judge should correct the verdict if the jury award goes over that amount. Also, if the jury awards nothing or an amount less than $4,000 in question 5, then the judge should increase that award to $4,000 to reflect the statutory minimum.
It is possible that questions 3 and 4 may be omitted if only the statutory minimum $4,000 award is sought. With regard to the Unruh Act (Civ. Code, § 51), which is also governed by Civil Code section 52(a), the California Supreme Court has held that a violation is per se injurious, and that section 52 provides for minimum statutory damages for every violation regardless of the plaintiff’s actual damages. (See Koire v. Metro Car Wash (1985) 40 Cal.3d 24, 33 [219 Cal.Rptr. 133, 707 P.2d 195].)
If specificity is not required, users do not have to itemize all the damages listed in question 4 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.