CACI No. VF-1404. False Arrest Without Warrant by Private Citizen - Affirmative Defense - Probable Cause to Arrest

Judicial Council of California Civil Jury Instructions (2020 edition)

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VF-1404.False Arrest Without Warrant by Private
Citizen - Affirmative Defense - Probable Cause to Arrest
We answer the questions submitted to us as follows:
1. Did [name of defendant] intentionally cause [name of plaintiff] to be
arrested without a warrant?
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] commit or attempt to commit a crime in
[name of defendant]’s presence?]
2. [or]
2. [Was a felony committed and [insert facts, that if proved, would
establish that defendant had reasonable cause to believe that plaintiff
had committed a felony]?]
2. Yes No
2. If your answer to question 2 is no, then answer question 3. If you
answered yes, stop here, answer no further questions, and have
the presiding juror sign and date this form.
3. Was [name of defendant]’s conduct a substantial factor in causing
harm to [name of plaintiff]?
3. Yes No
3. 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. 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: $ ]
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[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 April 2007, December 2010, December 2016
Directions for Use
This verdict form is based on CACI No. 1403, False Arrest Without Warrant by
Private Citizen - Essential Factual Elements, and CACI No. 1404, False Arrest
Without Warrant - Affırmative Defense - Private Citizen - Probable Cause to Arrest.
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 specificity is not required, users do not have to itemize all the damages listed in
question 4 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 the jury returns a verdict of no harm, the plaintiff is still entitled to an award of
nominal damages, such as one dollar. If nominal damages are being sought, modify
the directions after question 3 to direct the jury to skip question 4 and answer
question 5 if they find no harm. Then add a new question 5: “What amount of
nominal damages do you award [name of plaintiff]?” If this is done, add a direction
after question 4 that the jury should not answer question 5. Please note that the
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committee has found no cases requiring the jury to determine the amount of
nominal damages.
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.
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