CACI VF-4200 Actual Intent to Hinder, Delay, or Defraud Creditor—Affirmative Defense—Good Faith
California Civil Jury Instructions CACI
VF-4200 Actual Intent to Hinder, Delay, or Defraud Creditor—Affirmative Defense—Good Faith
We answer the questions submitted to us as follows:
1.Did [name of plaintiff] have a right to payment from [name of debtor]?
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 debtor] [transfer property/incur an obligation] to [name of defendant]?
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 debtor] [transfer the property/incur the obligation] with the intent to hinder, delay, or defraud one or more of [his/her/nonbinary pronoun/its] creditors?
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.Was [name of debtor]’s conduct a substantial factor in causing [name of plaintiff]’s harm?
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.Did [[name of defendant]/[name of third party]] receive the property from [name of debtor] in good faith?
Yes No
If your answer to question 5 is yes, then answer question 6. If you answered no, skip question 6 and answer question 7.
6.Did [[name of defendant]/[name of third party]] receive the property for a reasonably equivalent value?
Yes No
If your answer to question 6 is yes, stop here, answer no further questions, and have the presiding juror sign and date this form. If you answered no, then answer question 7.
7.What are [name of plaintiff]’s damages?
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 December 2011; Revised June 2016, December 2016
https://crowdsourcelawyers.com/judicial-council-california-civil-jury-instructions-caci
Directions for Use
This verdict form is based on CACI No. 4200, Actual Intent to Hinder, Delay, or Defraud a Creditor—Essential Factual Elements, and CACI No. 4207, Affirmative Defense—Good Faith. The defendant is the transferee of the property. The transferee may have received the property in good faith even though the debtor had a fraudulent intent. (See Annod Corp. v. Hamilton & Samuels (2002) 100 Cal.App.4th 1286, 1299 [123 Cal.Rptr.2d 924].)
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 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.