California Civil Jury Instructions (CACI) (2017)

3068. Ralph Act—Damages and Penalty (Civ. Code, §§ 51.7, 52(b))

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3068.Ralph Act—Damages and Penalty (Civ. Code, §§ 51.7, 52(b))
If you decide that [name of plaintiff] has proved [his/her] claim against
[name of defendant], you must award the following:
1. Actual damages sufficient to reasonably compensate [name of
plaintiff] for the harm;
2. A civil penalty of $25,000; and
3. Punitive damages.
[Name of plaintiff] must prove the amount of [his/her] actual damages.
However, [name of plaintiff] does not have to prove the exact amount of
the harm or the exact amount of damages that will provide reasonable
compensation for the harm. You must not speculate or guess in
awarding damages.
The following are the specific items of actual damages claimed by [name
of plaintiff]:
[Insert item(s) of claimed harm.]
New September 2003; Revised June 2012; Renumbered from CACI No. 3027
December 2012
Directions for Use
Give this instruction for violations of the Ralph Act. (See Civ. Code, § 51.7; CACI
No. 3063, Acts of Violence—Ralph Act—Essential Factual Elements, and CACI No.
3064, Threats of Violence—Ralph Act—Essential Factual Elements.) This
instruction may also be given for claims under Civil Code section 51.9 (see CACI
No. 3065, Sexual Harassment in Defined Relationship—Essential Factual Elements)
with item 2 omitted. (See Civ. Code, § 52(b)(2).)
See the Damages series (CACI Nos. 3900 et seq.) for additional instructions on
actual damages and punitive damages. CACI No. 3942, Punitive
Damages—Individual Defendant—Bifurcated Trial (Second Phase), instructs the
jury on how to calculate the amount of punitive damages.
Sources and Authority
• Remedies Under Ralph Act. Civil Code section 52(b).
Secondary Sources
8 Witkin, Summary of California Law (10th ed. 2005) Constitutional Law,
§§ 898–914
Chin, et al., California Practice Guide: Employment Litigation, Ch. 7-G, Unruh
Civil Rights Act, ¶ 7:1525 et seq. (The Rutter Group)
11 California Forms of Pleading and Practice, Ch. 116, Civil Rights: Discrimination
in Business Establishments, § 116.15 (Matthew Bender)
3 California Points and Authorities, Ch. 35, Civil Rights: Unruh Civil Rights Act,
§ 35.48 (Matthew Bender)