CACI No. VF-1302. Assault
Judicial Council of California Civil Jury Instructions (2023 edition)
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VF-1302.Assault
We answer the questions submitted to us as follows:
[1. Did [name of defendant] act, intending to cause a harmful [or an
offensive] contact with [name of plaintiff] or intending to place
[him/her/nonbinary pronoun] in fear of a harmful or an offensive
contact?
[1. Yes No
[1. 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 plaintiff] reasonably believe that [he/she/nonbinary
pronoun] was about to be touched in a harmful [or an offensive]
manner?
2. Yes No
2. 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.]
[1. Did [name of defendant] threaten to touch [name of plaintiff] in a
harmful [or an offensive] manner?
[1. Yes No
[1. 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 it reasonably appear to [name of plaintiff] that
[he/she/nonbinary pronoun] was about to be touched in a harmful
[or an offensive] manner?
2. Yes No
2. 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] consent to [name of defendant]’s conduct?
3. Yes No
3. If your answer to question 3 is no, then answer question 4. If you
answered yes, stop here, answer no further questions, and have
the presiding juror sign and date this form.
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4. Was [name of defendant]’s conduct a substantial factor in causing
harm to [name of plaintiff]?
4. Yes No
4. 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. What are [name of plaintiff]’s damages?
[a. Past economic loss
[lost earnings $ ]
[lost profits $ ]
[medical expenses $ ]
[other past economic loss $ ]
[a. Total Past Economic Damages: $ ]
[b. Future economic loss
[lost earnings $ ]
[lost profits $ ]
[medical expenses $ ]
[other future economic loss $ ]
[b. Total Future Economic Damages: $ ]
[c. Past noneconomic loss, including [physical
pain/mental suffering:] $ ]
[d. Future noneconomic loss, including [physical
pain/mental suffering:] $ ]
[d. TOTAL $
Signed: Presiding Juror
Dated:
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 2004, June 2005, April 2007, December
2010, December 2016
VF-1302 ASSAULT AND BATTERY
868
Directions for Use
This verdict form is based on CACI No. 1301, Assault - Essential Factual Elements.
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.
As appropriate to the facts of the case, read one of the bracketed alternative sets of
questions 1 and 2.
Give the bracketed words in question 2 only if the offensive nature of the conduct is
at issue. In most cases, it will be clear whether the alleged conduct was offensive.
The offensive nature of the conduct will most likely not be at issue if the conduct
was clearly harmful.
If specificity is not required, users do not have to itemize all the damages listed in
question 5 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.
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.
ASSAULT AND BATTERY VF-1302
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