California Civil Jury Instructions (CACI) (2017)

VF-3030. Unruh Civil Rights Act (Civ. Code, §§ 51, 52(a))

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VF-3030.Unruh Civil Rights Act (Civ. Code, §§ 51, 52(a))
We answer the questions submitted to us as follows:
1. Did [name of defendant] [deny/aid or incite a denial
of/discriminate or make a distinction that denied] full and equal
[accommodations/advantages/facilities/privileges/services] to
[name of plaintiff]?
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. Was [[name of defendant]’s perception of] [name of plaintiff]’s
[sex/race/color/religion/ancestry/national origin/medical condition/
genetic information/marital status/sexual orientation/citizenship/
primary language/immigration status/[insert other actionable
characteristic]] a substantial motivating reason for [name of
defendant]’s conduct?
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. Was [name of defendant]’s conduct a substantial factor in causing
harm to [name of plaintiff]?
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. 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
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[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 $
Answer question 5.
5. What amount, if any, do you award as a penalty against [name of
defendant]? $
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 2012;
Renumbered from CACI No.VF-3010 December 2012; Revised June 2013,
December 2016
Directions for Use
This verdict form is based on CACI No. 3060, Unruh Civil Rights Act—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.
If the plaintiff’s association with another is the basis for the claim, modify question
2 as in element 2 of CACI No. 3060.
Questions 3 and 4 may be omitted if only the statutory minimum of $4,000
damages is sought. Harm is presumed for this amount. (See Civ. Code, § 52(a);
Koire v. Metro Car Wash (1985) 40 Cal.3d 24, 33 [219 Cal.Rptr. 133, 707 P.2d
195].)
The penalty in question 5 refers to the right of the jury to award a maximum of
three times the amount of actual damages but not less than $4,000. (Civ. Code,
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§ 52(a).) The judge should correct the verdict if the jury award goes over that limit.
Also, if the jury awards nothing or an amount less than $4,000 in question 5, the
judge should increase that award to $4,000 to reflect the statutory minimum.
If specificity is not required, users do not have to itemize all the damages listed in
question 4 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.
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