CACI VF-3904 Punitive Damages—Entity Defendant—Authorization
California Civil Jury Instructions CACI
VF-3904 Punitive Damages—Entity Defendant—Authorization
We answer the questions submitted to us as follows:
1.Did an agent or employee of [name of defendant] engage in the conduct with malice, oppression, or fraud?
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 one or more officers, directors, or managing agents of [name of defendant] authorize this conduct?
[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.What amount of punitive damages, if any, do you award [name of plaintiff]? $]
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 October 2008, December 2010
Directions for Use
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.
Normally, this form should be combined with the verdict form(s) on the underlying cause(s) of action. Include question 3 if the trial is not bifurcated.
This form is based on CACI No. 3945, Punitive Damages—Entity Defendant—Trial Not Bifurcated, and CACI No. 3946, Punitive Damages—Entity Defendant—Bifurcated Trial (First Phase). This form is intended to address the second bracketed option in CACI Nos. 3945 and 3946.
Users may wish to combine this verdict form with the verdict form(s) on the underlying cause(s) of action.