VF-3106. Abduction - Individual or Individual and Employer Defendant (Welf. & Inst. Code, §§ 15657.05, 15610.06)

We answer the questions submitted to us as follows:

1. Did [name of defendant] [remove [name of plaintiff/decedent] from California and] restrain [him/her/[name of plaintiff/ decedent]] from returning to California?

______ 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. 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 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 plaintiff/decedent] lack the capacity to consent to the [removal/restraint]?

______ 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 defendant]'s conduct a substantial factor in causing harm to [name of plaintiff/decedent]?

______ 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. Was [name of defendant employee] an officer, director, or managing agent of [name of defendant employer] acting in a [corporate/employment] capacity?

______ Yes  ______ No

Answer question 6.

6. What are [name of plaintiff]'s damages?

[a. Past economic loss, including [lost earnings/ lost profits/medical expenses:]	$______]
[b. Future economic loss, including [lost earnings/lost profits/lost earning capacity/ medical expenses:]	$______]
[c. Past noneconomic loss, including [physical pain/mental suffering:]	$______]
[d. Future noneconomic loss, including [physical pain/mental suffering:]	$______]
	TOTAL $______

[After it has been signed/After all verdict forms have been signed], deliver this verdict form to the [clerk/bailiff/judge].

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. 3110, Abduction—Essential Factual Elements—Enhanced Remedies Sought—Individual or Individual and Employer Defendants (Welf. & Inst. Code, §§ 15657.05, 15610.06). Delete question 5 if this form is being used in conjunction with CACI No. 3109, Abduction—Essential Factual Elements (Welf. & Inst. Code, § 15610.06).

Question 3 can be altered to correspond to the alternative bracketed option in element 3 of CACI No. 3110.

Question 5 can be altered to correspond to one of the alternative bracketed options in the lower bracketed portion of CACI No. 3110, or it can be omitted if the plaintiff is not suing an employer.

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, users may wish to break down the damages even further.

If there are multiple causes of action, users may wish to combine the individual forms into one form.

(New September 2003)