CACI VF-3502 Fair Market Value Plus Loss of Inventory/Personal Property
California Civil Jury Instructions CACI
VF-3502 Fair Market Value Plus Loss of Inventory/Personal Property
We answer the questions submitted to us as follows:
1.What was the fair market value of the property taken on [insert date of valuation]? $
[Answer question 2.
2.What was the retail value on [insert date of valuation] of the portion of the lost inventory or personal property that was unique and not readily replaceable? $]
[Answer question 3.
3.What was the wholesale value on [insert date of valuation] of the portion of the lost inventory or personal property that was readily replaceable and not unique? $]
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 2007, December 2010, December 2016
Directions for Use
This verdict form is based on CACI No. 3501, “Fair Market Value” Explained, and CACI No. 3507, Personal Property and Inventory.
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.
In an eminent domain action, the jury finds only the amount of compensation. (Emeryville Redevelopment v. Harcros Pigments (2002) 101 Cal.App.4th 1083, 1116 [125 Cal.Rptr.2d 12].) The court should determine whether there is inventory or personal property that is unique and not readily replaceable. The jury should then determine the value of that property.
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.