CACI VF-3101 Financial Abuse—Employer Defendant Only (Welf. & Inst. Code, §§ 15610.30, 15657.5(b))
California Civil Jury Instructions CACI
VF-3101 Financial Abuse—Employer Defendant Only (Welf. & Inst. Code, §§ 15610.30, 15657.5(b))
We answer the questions submitted to us as follows:
1.Was [name of plaintiff/decedent] [65 years of age or older/a dependent adult] at the time of the conduct?
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]’s employee [take/hide/appropriate/obtain [or] retain] [name of plaintiff/decedent]’s property [for a wrongful use/ [or] with the intent to defraud [or] by undue influence]?
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 employee’s conduct a substantial factor in causing harm to [name of plaintiff/decedent]?
Yes No
If your answer to question 3 is yes, then answer question[s] 4 [and 5]. 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/decedent]’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 $
[5.Did [name of plaintiff] prove by clear and convincing evidence that the employee acted with [recklessness/malice/oppression/ [or] fraud]?
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 were [name of decedent]’s damages for noneconomic loss for pain, suffering, or disfigurement incurred before death? $]
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 June 2005, April 2007, April 2008, October 2008, April 2009, December 2010, December 2016
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Directions for Use
This verdict form is based on CACI No. 3100, Financial Abuse—Essential Factual Elements, and CACI No. 3101, Financial Abuse—Decedent’s Pain and Suffering.
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 the plaintiff alleges that the defendant’s employees assisted in the wrongful conduct, modify question 1 as in element 1 of CACI No. 3100.
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 the jury answers “yes” to questions 1, 2, and 3, attorney fees and costs will be recoverable from the employer, assuming that standard vicarious liability is shown. (See Welf. & Inst. Code, § 15657.5(c).) Incorporate questions 3 and 4 from CACI No. VF-3700, Negligence—Vicarious Liability, to address the liability of the employer for the acts of the employee.
Should the financial abuse in some way have caused the victim’s death, the decedent’s pain and suffering before death is recoverable on a showing by clear and convincing evidence that the employee acted with recklessness, oppression, fraud, or malice. (See Welf. & Inst. Code, § 15657.5(b); Code Civ. Proc., § 377.34.) In such a case, in question 4 include only item 4a for past economic loss. But also include questions 5 and 6.
If punitive damages are sought, incorporate language from a verdict form for punitive damages. (See CACI Nos. VF-3900–VF-3904.)
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.