California Civil Jury Instructions (CACI) (2017)

3903K. Loss or Destruction of Personal Property (Economic Damage)

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3903K.Loss or Destruction of Personal Property (Economic
Damage)
[Insert number, e.g., “11.”] The [loss/destruction] of [name of plaintiff]’s
[item of personal property].
To recover damages for the [loss/destruction], [name of plaintiff] must
prove the fair market value of the [item of personal property] just before
the harm occurred.
“Fair market value” is the highest price that a willing buyer would have
paid to a willing seller, assuming:
1. That there is no pressure on either one to buy or sell; and
2. That the buyer and seller are fully informed of the condition and
quality of the [item of personal property].
New September 2003
Sources and Authority
• “ ‘As a general rule the measure of damage for the loss or destruction of
personal property is the value of the property at the time of such loss or
destruction.’ ” (Hand Electronics, Inc. v. Snowline Joint Unifie School Dist.
(1994) 21 Cal.App.4th 862, 870 [26 Cal.Rptr.2d 446], internal citation omitted.)
• “It is well established that under [Civil Code] section 3333, the measure of
damages for the loss or destruction of personal property is generally determined
by the value of the property at the time of such loss or destruction.” (Pelletier
v. Eisenberg (1986) 177 Cal.App.3d 558, 567 [223 Cal.Rptr. 84].)
Secondary Sources
6 Witkin, Summary of California Law (10th ed. 2005) Torts, § 1720
California Tort Damages (Cont.Ed.Bar) Vehicles & Other Personal Property, § 13.6
4 Levy et al., California Torts, Ch. 52, Medical Expenses and Economic Loss,
§ 52.32 (Matthew Bender)
15 California Forms of Pleading and Practice, Ch. 177, Damages (Matthew
Bender)
6 California Points and Authorities, Ch. 64, Damages: Tort (Matthew Bender)
1 California Civil Practice: Torts, § 5:17 (Thomson Reuters)
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