California Civil Jury Instructions (CACI) (2017)

104. Nonperson Party

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104.Nonperson Party
A [corporation/partnership/city/county/[other entity]], [name of entity], is
a party in this lawsuit. [Name of entity] is entitled to the same fair and
impartial treatment that you would give to an individual. You must
decide this case with the same fairness that you would use if you were
deciding the case between individuals.
When I use words like “person” or “he” or “she” in these instructions
to refer to a party, those instructions also apply to [name of entity].
New September 2003
Directions for Use
This instruction should be given as an introductory instruction if one of the parties
is an entity. Select the type of entity and insert the name of the entity where
indicated in the instruction.
Sources and Authority
• Corporations Have Powers of Natural Person. Corporations Code section 207.
• “Person” Includes Corporation. Civil Code section 14.
• As a general rule, a corporation is considered to be a legal entity that has an
existence separate from that of its shareholders. (Erkenbrecher v. Grant (1921)
187 Cal. 7, 9 [200 P. 641].)
• “In general, any person or entity has capacity to sue or defend a civil action in
the California courts. This includes artificial ‘persons’ such as corporations,
partnerships and associations.” (American Alternative Energy Partners II, 1985
v. Windridge, Inc. (1996) 42 Cal.App.4th 551, 559 [49 Cal.Rptr.2d 686],
internal citations omitted.)
Secondary Sources
9 Witkin, Summary of California Law (10th ed. 2005) Corporations, § 1, p. 775
1Matthew Bender Practice Guide: California Pretrial Civil Procedure, Ch. 5,
Parties, 5.13–5.17
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