CACI No. 1814. Damages for Investigating Violations of Comprehensive Computer Data and Access Fraud Act (Pen. Code, § 502(e)(1))

Judicial Council of California Civil Jury Instructions (2024 edition)

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1814.Damages for Investigating Violations of Comprehensive
Computer Data and Access Fraud Act (Pen. Code, § 502(e)(1))
To recover damages for money spent to investigate or verify whether
[name of plaintiff]’s computer system, computer network, computer
program, or data was or was not altered, damaged, or deleted by [specify
wrongful conduct under section 502(c) that led to accessing the plaintiff’s
computer system, computer network, or computer program], [name of
plaintiff] must prove the amount of money reasonably and necessarily
spent to conduct such an investigation.
New May 2020; Revised November 2020
Directions for Use
Give this instruction for violations of the Comprehensive Computer Data and Access
Fraud Act in which there is evidence that the plaintiff spent money to investigate or
verify the defendant’s wrongful conduct. (See Pen. Code, § 502; CACI No. 1812,
Comprehensive Computer Data and Access Fraud Act - Essential Factual Elements.)
In some cases, it may be appropriate to tailor the instruction to specify the
technology or data at issue (e.g., the name of a computer program or the plaintiff’s
data files).
For other damages instructions, see the Damages series, CACI No. 3900 et seq.
Punitive or exemplary damages are available for willful violations. (Pen. Code,
§ 502(e)(4).) For instructions on punitive damages, see CACI Nos. 3940-3949.
Sources and Authority
• Compensatory Damages. Penal Code section 502(e)(1).
Secondary Sources
5 Witkin, California Criminal Law (4th ed. 2012) Crimes Against Property, § 229 et
seq.
31 California Forms of Pleading and Practice, Ch. 349, Literary Property and
Copyright, § 349.91 (Matthew Bender)
1815-1819. Reserved for Future Use
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