CACI No. VF-1801. Privacy - Public Disclosure of Private Facts

Judicial Council of California Civil Jury Instructions (2020 edition)

Download PDF
VF-1801.Privacy - Public Disclosure of Private Facts
We answer the questions submitted to us as follows:
1. Did [name of defendant] publicize private information concerning
[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. Would a reasonable person in [name of plaintiff]’s position
consider the publicity highly offensive?
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 defendant] know or act with reckless disregard of the
fact that a reasonable person in [name of plaintiff]’s position
would consider the publicity highly offensive?
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. Was the private information of legitimate public concern [or did
it have a substantial connection to a matter of legitimate public
concern]?
4. Yes No
4. If your answer to question 4 is no, then answer question 5. If you
answered yes, 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?
1130
Copyright Judicial Council of California
[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 $
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. 1801, Public Disclosure of Private Facts.
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 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
RIGHT OF PRIVACY VF-1801
1131
Copyright Judicial Council of California
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-1801 RIGHT OF PRIVACY
1132
Copyright Judicial Council of California

© Judicial Council of California.