California Civil Jury Instructions (CACI) (2017)

VF-2004. Trespass to Timber—Willful and Malicious Conduct (Civ. Code, § 3346; Code Civ. Proc., § 733)

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VF-2004.Trespass to Timber—Willful and Malicious Conduct (Civ.
Code, § 3346; Code Civ. Proc., § 733)
We answer the questions submitted to us as follows:
1. Did [name of plaintiff] [own/lease/occupy/control] the property?
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] intentionally enter [name of plaintiff]’s
property and [cut down or damage trees/take timber] located on
the property?]
2. [or]
2. [Did [name of defendant], although not intending to do so,
recklessly enter [name of plaintiff]’s property and damage trees
located on the property?]
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 plaintiff] give permission to [cut down or damage
the trees/take timber]?
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. Was [name of defendant]’s conduct a substantial factor in causing
harm to [name of plaintiff]?
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] act willfully and maliciously?
5. Yes No
5. Answer question 6.
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6. 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 2013, December
2016
Directions for Use
This verdict form is based on CACI No. 2002, Trespass to Timber—Essential
Factual Elements, and CACI No. 2003, Damage to Timber—Willful and Malicious
Conduct.
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.
TRESPASS VF-2004
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If there is an issue regarding whether the defendant exceeded the scope of the
plaintiff’s consent, question 3 can be modified as in element 3 in CACI No. 2002.
If specificity is not required, users do not have to itemize all the damages listed in
question 7 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
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-2004 TRESPASS
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