California Civil Jury Instructions (CACI) (2017)

VF-2601. Violation of CFRA Rights - Affirmative Defense— Employment Would Have Ceased

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VF-2601.Violation of CFRA Rights—Affirmative
Defense—Employment Would Have Ceased
We answer the questions submitted to us as follows:
1. Was [name of plaintiff] eligible for family care or medical leave?
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] [request/take] leave for the birth of [his/
her] child or bonding with the child?
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] provide reasonable notice to [name of
defendant] of [his/her] need for [family care/medical] leave?
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] refuse to return [name of plaintiff] to the
same or to a comparable job when [his/her] [family
care/medical] leave ended?
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. Would [name of defendant] have [discharged/laid off] [name of
plaintiff] if [he/she] had continued to work during the leave
period?
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 [decision/conduct] a substantial factor
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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
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, December 2016
CALIFORNIA FAMILY RIGHTS ACT VF-2601
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Directions for Use
This verdict form is based on CACI No. 2600, Violation of CFRA
Rights—Essential Factual Elements, and CACI No. 2612, Affırmative
Defense—Employment Would Have Ceased. If a different affirmative defense is at
issue, this form should be tailored accordingly.
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.
Other factual situations can be substituted in question 2 as in element 2 of CACI
No. 2600.
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-2601 CALIFORNIA FAMILY RIGHTS ACT
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