CACI No. VF-1601. Intentional Infliction of Emotional Distress - Affirmative Defense - Privileged Conduct
Judicial Council of California Civil Jury Instructions (2024 edition)
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VF-1601.Intentional Infliction of Emotional Distress - Affirmative
Defense - Privileged Conduct
We answer the questions submitted to us as follows:
1. Was [name of defendant] exercising [his/her/nonbinary pronoun]
legal rights or protecting [his/her/nonbinary pronoun] economic
interests?
1. Yes No
1. If your answer to question 1 is yes, then answer question 2. If you
answered no, skip questions 2 and 3 and answer question 4.
2. Was [name of defendant]’s conduct lawful and consistent with
community standards?
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] have a good-faith belief that
[he/she/nonbinary pronoun] had a legal right to engage in the
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.
4. Was [name of defendant]’s conduct outrageous?
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. [Did [name of defendant] intend to cause [name of plaintiff]
emotional distress?]
5. [or]
5. [Did [name of defendant] act with reckless disregard of the
probability that [name of plaintiff] would suffer emotional distress,
knowing that [name of plaintiff] was present when the conduct
occurred?]
5. Yes No
5. If your answer to question 5 is yes, then answer question 6. If you
999
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
6. Did [name of plaintiff] suffer severe emotional distress?
6. Yes No
6. If your answer to question 6 is yes, then answer question 7. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
7. Was [name of defendant]’s conduct a substantial factor in causing
[name of plaintiff]’s severe emotional distress?
7. Yes No
7. If your answer to question 7 is yes, then answer question 8. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
8. 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 $
VF-1601 EMOTIONAL DISTRESS
1000
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. 1600, Intentional Infliction of Emotional
Distress - Essential Factual Elements, and CACI No. 1605, Intentional Infliction of
Emotional Distress - Affırmative Defense-Privileged Conduct.
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 8 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.
EMOTIONAL DISTRESS VF-1601
1001
© Judicial Council of California.
