CACI No. VF-1900. Intentional Misrepresentation

Judicial Council of California Civil Jury Instructions (2020 edition)

Download PDF
VF-1900.Intentional Misrepresentation
We answer the questions submitted to us as follows:
1. Did [name of defendant] make a false representation of [a] fact[s]
to [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] know that the representation was false, or
did [he/she/nonbinary pronoun] make the representation recklessly
and without regard for its truth?
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] intend that [name of plaintiff] rely on the
representation?
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 plaintiff] reasonably rely on the representation?
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 plaintiff]’s reliance on [name of defendant]’s
representation 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
1189
Copyright Judicial Council of California
[lost earnings $ ]
[lost profits $]
[medical expenses $ ]
[other past economic
loss $]
Total Past Economic Damages: $
]
[b. Future economic loss
[lost earnings $ ]
[lost profits $]
[medical expenses $ ]
[other future eco-
nomic loss $]
Total Future Economic Damages: $
]
[c. Past noneconomic loss, including [physical pain/mental
suffering:]
$]
[d. Future noneconomic loss, including [physical pain/mental
suffering:]
$]
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 2009, December 2010, June
2014, December 2016, May 2017
Directions for Use
This verdict form is based on CACI No. 1900, Intentional Misrepresentation.
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 the defendant alleges that the representations referred to in question 1 were
VF-1900 FRAUD OR DECEIT
1190
Copyright Judicial Council of California
opinions only, additional questions may be required on this issue. See CACI No.
1904, Opinions as Statements of Fact.
If specificity is not required, users do not have to itemize all the damages listed in
question 6. The breakdown is optional depending on the circumstances.
If there are multiple causes of action, users may wish to combine the individual
forms into one form. However, if both intentional misrepresentation and negligent
misrepresentation (see CACI No. 1903) are to be presented to the jury in the
alternative, the preferred practice would seem to be that this verdict form and VF-
1903, Negligent Misrepresentation, be kept separate and presented in the alternative.
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.
With respect to the same misrepresentation, question 2 above cannot be answered
“yes” and question 3 of VF-1903 cannot also be answered “no.” The jury may
continue to answer the next question from one form or the other, but not both.
If both intentional and negligent misrepresentation are before the jury, it is important
to distinguish between a statement made recklessly and without regard for the truth
(see question 2 above) and one made without reasonable grounds for believing it is
true (see CACI No. VF-1903, question 3). Question 2 of VF-1903 should be
included to clarify that the difference is that for negligent misrepresentation, the
defendant honestly believes that the statement is true. (See Bily v. Arthur Young &
Co. (1992) 3 Cal.4th 370, 407-408 [11 Cal.Rptr.2d 51, 834 P.2d 745].)
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.
FRAUD OR DECEIT VF-1900
1191
Copyright Judicial Council of California

© Judicial Council of California.