CACI No. VF-2006. Private Nuisance

Judicial Council of California Civil Jury Instructions (2020 edition)

Download PDF
VF-2006.Private Nuisance
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], by acting or failing to act, create a
condition or permit a condition to exist that was harmful to
health?
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 this condition substantially interfere with [name of plaintiff]’s
use or enjoyment of [his/her/nonbinary pronoun] land?
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. Would an ordinary person have reasonably been annoyed or
disturbed by [name of defendant]’s conduct?
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] consent to [name of defendant]’s conduct?
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 defendant]’s conduct a substantial factor in causing
harm to [name of plaintiff]?
6. Yes No
1263
Copyright Judicial Council of California
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. Did the seriousness of the harm outweigh the public benefit of
[name of defendant]’s conduct?
7. Yes No
7. If your answer to question 7 is yes, then answer question 8. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
8. 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:
VF-2006 TRESPASS
1264
Copyright Judicial Council of California
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 2007, December 2010,
December 2011, December 2016, May 2017
Directions for Use
This form is based on CACI No. 2021, Private Nuisance - Essential Factual
Elements.
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.
Depending on the facts of the case, question 2 may be replaced with one of the
other options from element 2 of CACI No. 2021.
If specificity is not required, users do not have to itemize all the damages listed in
question 8 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-2007-VF-2099. Reserved for Future Use
TRESPASS VF-2006
1265
Copyright Judicial Council of California

© Judicial Council of California.