CACI No. VF-1502. Malicious Prosecution - Wrongful Use of Civil Proceedings - Affirmative Defense - Reliance on Counsel
Judicial Council of California Civil Jury Instructions (2024 edition)
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VF-1502.Malicious Prosecution - Wrongful Use of Civil
Proceedings - Affirmative Defense - Reliance on Counsel
We answer the questions submitted to us as follows:
1. Was [name of defendant] actively involved in bringing [or
continuing] the lawsuit against [name of plaintiff]?
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 defendant] make a full and honest disclosure of all
the important facts known to [him/her/nonbinary pronoun] to [his/
her/nonbinary pronoun] attorney?
2. Yes No
2. If your answer to question 2 is yes, then answer question 3. If you
answered no, skip question 3 and answer question 4.
3. Did [name of defendant] reasonably rely on [his/her/nonbinary
pronoun] attorney’s advice?
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.
4. Did [name of defendant] act primarily for a purpose other than
succeeding on the merits of the claim?
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. Was [name of defendant]’s conduct a substantial factor in causing
harm to [name of plaintiff]?
5. Yes No
5. If your answer to question 5 is yes, then answer question 6. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
6. What are [name of plaintiff]’s damages?
[a. Past economic loss
960
[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 April 2007, April 2008, December 2010, December
2016
Directions for Use
This verdict form is based on CACI No. 1501, Wrongful Use of Civil Proceedings,
and CACI No. 1510, Affırmative Defense - Reliance on Counsel.
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 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 No. 1501, elements 2 and 3.)
If specificity is not required, users do not have to itemize all the damages listed in
MALICIOUS PROSECUTION VF-1502
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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.
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.
VF-1502 MALICIOUS PROSECUTION
962
© Judicial Council of California.
