CACI No. VF-3034. Sexual Harassment in Defined Relationship (Civ. Code, § 51.9)

Judicial Council of California Civil Jury Instructions (2025 edition)

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VF-3034.Sexual Harassment in Defined Relationship (Civ. Code,
§ 51.9)
We answer the questions submitted to us as follows:
1. Did [name of plaintiff] have a business, service, or professional
relationship with [name of defendant]?
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] make [sexual advances/sexual
solicitations/sexual requests/demands for sexual compliance/[insert
other actionable conduct]] to [name of plaintiff]?]
2. [or]
2. [Did [name of defendant] engage in [verbal/visual/physical] conduct
of a [sexual nature/hostile nature based on gender]?]
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 unwelcome and also pervasive
or severe?
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. Was [name of plaintiff] unable to easily end the relationship with
[name of defendant]?
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. Has [name of plaintiff] suffered or will [he/she/nonbinary pronoun]
suffer [economic loss or disadvantage/personal injury/the violation
of a statutory or constitutional right] as a result of [name of
defendant]’s conduct?
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5. Yes No
5. If your answer to question 5 is yes, then answer question 6. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
6. 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 $
[Answer question 7.
7. What amount do you award as punitive damages? $ ]
Signed: Presiding Juror
Dated:
After [this verdict form has/all verdict forms have] been signed, notify
the [clerk/bailiff/court attendant].
New September 2003; Revised April 2007, April 2008, December 2010; Renumbered
from CACI No. VF-3014 December 2012; Revised December 2016, May 2024
VF-3034 CIVIL RIGHTS
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Directions for Use
This verdict form is based on CACI No. 3065, Sexual Harassment in Defined
Relationship - 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.
Select either or both options for question 2 depending on the facts at issue.
If specificity is not required, users do not have to itemize all the damages listed in
question 6 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. For instructions on punitive damages, see
instructions in the Damages series (CACI No. 3900 et seq.).
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 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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