CACI No. VF-1903. Negligent Misrepresentation

Judicial Council of California Civil Jury Instructions (2020 edition)

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VF-1903.Negligent 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] honestly believe that the representation
was true when [he/she/nonbinary pronoun] made it?
[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] have reasonable grounds for believing the
representation was true when [he/she/nonbinary pronoun] made it?
3. Yes No
3. If your answer to question 3 is no, then answer question 4. If you
answered yes, stop here, answer no further questions, and have
the presiding juror sign and date this form.
4. Did [name of defendant] intend that [name of plaintiff] 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. Did [name of plaintiff] reasonably rely on the representation?
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. Was [name of plaintiff]’s reliance on [name of defendant]’s
representation a substantial factor in causing harm to [name of
plaintiff]?
6. Yes No
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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. What are [name of plaintiff]’s damages?
[a. Past economic loss
[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
FRAUD OR DECEIT VF-1903
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Copyright Judicial Council of California
Directions for Use
This verdict form is based on CACI No. 1903, Negligent 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
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 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. However, if both negligent misrepresentation and intentional
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-
1900, Intentional 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 3 above cannot be answered
“no” and question 2 of VF-1900 cannot also be answered “yes.” 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 without reasonable grounds for believing it
is true (see question 3 above) and one made recklessly and without regard for the
truth (see CACI No. VF-1900, question 2). Include question 2 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.
VF-1904-VF-1999. Reserved for Future Use
VF-1903 FRAUD OR DECEIT
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Copyright Judicial Council of California

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