California Civil Jury Instructions (CACI)

VF-1502. Malicious Prosecution - Wrongful Use of Civil Proceedings - Affirmative Defense of Reliance on Counsel

New September 2003; Revised April 2007, April 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.

This verdict form is based on CACI No. 1501, Wrongful Use of Civil Proceedings, and CACI No. 1505, Affırmative Defense—Reliance on Counsel.

If there are disputed issues of fact on the elements of probable cause or favorable termination that the jury must resolve, include additional questions or provide special interrogatories on these elements. (See CACI Nos. 1503, Reasonable Grounds, and 1504, Favorable Termination.)

If specificity is not required, users do not have to itemize all the damages listed in question 6 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.