California Civil Jury Instructions (CACI) (2017)

VF-1902. False Promise

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VF-1902.False Promise
We answer the questions submitted to us as follows:
1. Did [name of defendant] make a promise 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] intend to perform this promise when [he/
she] made it?
2. Yes No
2. If your answer to question 2 is no, then answer question 3. If
you answered yes, 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 this
promise?
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 this promise?
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] perform the promised act?
5. Yes No
5. If your answer to question 5 is no, then answer question 6. If
you answered yes, stop here, answer no further questions, and
have the presiding juror sign and date this form.
6. Was [name of plaintiff]’s reliance on [name of defendant]’s promise
a substantial factor in causing harm to [name of plaintiff]?
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
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have the presiding juror sign and date this form.
7. 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 $
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, June 2014, December
2015, December 2016
Directions for Use
This verdict form is based on CACI No. 1902, False Promise.
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 multiple promises are at issue, question 1 should be repeated to specify each
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one; for example: “1. Did [name of defendant] promise [name of plaintiff] that
[specify promise]?” The rest of the questions will need to be repeated for each
promise.
If specificity is not required, users do not have to itemize all the damages listed in
question 7. 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. If different damages are recoverable on different causes of
action (or from different promises), 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.
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