California Civil Jury Instructions (CACI) (2017)

3933. Damages From Multiple Defendants

Download PDF
3933.Damages From Multiple Defendants
In this case, [name of plaintiff] seeks damages from more than one
defendant. You must determine the liability of each defendant to [name
of plaintiff] separately.
If you determine that more than one defendant is liable to [name of
plaintiff] for damages, you will be asked to fin [name of plaintiff]’s total
damages [and the comparative fault of [[name of plaintiff]/each
defendant/ [and] other nonparties]].
In deciding on the amount of damages, consider only [name of plaintiff]’s
claimed losses. Do not attempt to divide the damages [between/among]
the defendants. The allocation of responsibility for payment of damages
among multiple defendants is to be done by the court after you reach
your verdict.
New December 2010
Directions for Use
Give this instruction in any case involving the joint and several liability of multiple
defendants or several liability only for noneconomic damages under Proposition 51.
(See Civ. Code, § 1431.2.) It is designed to deter the jury from awarding different
damages against each defendant after factoring in the respective culpability of the
defendants. Do not give this instruction in a case in which separate tortfeasors have
caused separate injuries. (See Carr v. Cove (1973) 33 Cal.App.3d 851, 854 [109
Cal.Rptr. 449].)
If comparative fault is at issue, give the bracketed language in the second
paragraph. Comparative fault may involve each defendant, the plaintiff, and other
nonparties. “Nonparties” include the universe of tortfeasors who are not present at
trial, including defendants who settled before trial and nonjoined alleged
tortfeasors. (Dafonte v. Up-Right (1992) 2 Cal.4th 593, 603 [7 Cal.Rptr.2d 238, 828
P.2d 140].) See also CACI No. 406, Apportionment of Responsibility, and CACI
No. VF-402, Negligence—Fault of Plaintiff and Others at Issue.
Sources and Authority
• Proposition 51. Civil Code section 1431.2(a).
“The pro tanto reduction provision works to prevent settlements from producing
double recoveries in the case of a single injury caused by joint tortfeasors. The
general theory of compensatory damages bars double recovery for the same
wrong. The principal situation is where joint or concurrent tortfeasors are
jointly and severally liable for the same wrong. Only one complete satisfaction
is permissible, and, if partial satisfaction is received from one, the liability of
others will be correspondingly reduced.” (Carr,supra, 33 Cal.App.3d at p. 854,
793
0095
original italics.)
Secondary Sources
8Witkin, Summary of California Law (10th ed. 2005) Torts, § 1358 et seq.
1 Levy et al., California Torts, Ch. 11, Conflict of Law and Preemption, § 11.07
(Matthew Bender)
25 California Forms of Pleading and Practice, Ch. 300, Indemnity and
Contribution, § 300.60 et seq. (Matthew Bender)
11 California Points and Authorities, Ch. 115, Indemnity and Contribution,
§ 115.130 et seq. (Matthew Bender)
CACI No. 3933 DAMAGES
794
0096