CACI No. VF-2405. Breach of the Implied Covenant of Good Faith and Fair Dealing - Affirmative Defense - Good Faith Mistaken Belief
Judicial Council of California Civil Jury Instructions (2024 edition)
Download PDF
VF-2405.Breach of the Implied Covenant of Good Faith and Fair
Dealing - Affirmative Defense - Good Faith Mistaken Belief
We answer the questions submitted to us as follows:
1. Did [name of plaintiff] and [name of defendant] enter into an
employment agreement?
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 plaintiff] substantially perform [his/her/nonbinary
pronoun] job duties?
2. Yes No
2. If your answer to question 2 is yes, skip question 3 and answer
question 4. If you answered no, answer question 3.
3. Was [name of plaintiff]’s performance excused or prevented?
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 defendant] [specify conduct that plaintiff claims
prevented plaintiff from receiving the benefits under the contract]?
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 defendant]’s conduct based on an honest belief that
[insert alleged mistake]?
5. Yes No
5. If your answer to question 5 is yes, then answer question 6. If you
answered no, skip question 6 and answer question 7.
6. If true, would [insert alleged mistake] have been a legitimate and
reasonable business purpose for the conduct?
6. Yes No
6. If your answer to question 6 is no, then answer question 7. If you
1495
answered yes, stop here, answer no further questions, and have
the presiding juror sign and date this form.
7. Did [name of defendant] fail to act fairly and in good faith?
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. Was [name of plaintiff] harmed by [name of defendant]’s failure to
act in good faith?
8. Yes No
8. If your answer to question 8 is yes, then answer question 9. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
9. What are [name of plaintiff]’s damages?
[a. Past economic loss: $ ]
[b. Future economic loss: $ ]
[b. 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 December 2010, December 2016, May 2020
Directions for Use
This verdict form is based on CACI No. 2423, Breach of the Implied Covenant of
Good Faith and Fair Dealing - Employment Contract - Essential Factual Elements,
and CACI No. 2424, Affırmative Defense - Breach of the Implied Covenant of Good
Faith and Fair Dealing - Good Faith Though Mistaken Belief.
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.
Questions 2 and 3 should be deleted if substantial performance is not at issue.
The breakdown of damages in question 9 is optional; depending on the
circumstances, users may wish to break down the damages even further.
VF-2405 WRONGFUL TERMINATION
1496
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.
WRONGFUL TERMINATION VF-2405
1497
© Judicial Council of California.
