California Civil Jury Instructions (CACI) (2017)

VF-1720. Slander of Title

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VF-1720.Slander of Title
We answer the questions submitted to us as follows:
1. Did [name of defendant] [make a statement/[specify other act, e.g.,
record a deed] that cast doubts about [name of plaintiff]’s
ownership of the property?
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. [Was the statement made to a person other than [name of
plaintiff]/[Specify other publication, e.g., Did the deed become a
public record]]?
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] in fact own the property?
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. Did [name of defendant] [know that/act with reckless disregard of
the truth or falsity as to whether] [name of plaintiff] owned the
property?
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] know or should [he/she] have recognized
that someone else might act in reliance on the [statement/e.g.,
deed], causing [name of plaintiff] financial loss?
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.
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6. Did [name of plaintiff] in fact suffer immediate and direct
financial harm because someone else acted in reliance on the
[statement/e.g., deed]?
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 harm?
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: $ ]
[b. Future economic loss: $ ]
[b. 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 December 2015; Revised December 2016
Directions for Use
This verdict form is based on CACI No. 1730, Slander of Title—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.
Slander of title may be either by words or an act that clouds title to the property.
(See, e.g., Alpha & Omega Development, LP v. Whillock Contracting, Inc. (2011)
200 Cal.App.4th 656, 661 [132 Cal.Rptr.3d 781] [filing of lis pendens].) If the
slander is by words, select the first option in question 2. If the slander is by means
other than words, specify the means in question 1 and how it became known to
others in question 2.
VF-1720 DEFAMATION
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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.
DEFAMATION VF-1720
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