CACI No. VF-4200. Actual Intent to Hinder, Delay, or Defraud Creditor - Affirmative Defense - Good Faith

Judicial Council of California Civil Jury Instructions (2024 edition)

Download PDF
Bgba4
VF-4200.Actual Intent to Hinder, Delay, or Defraud
Creditor - Affirmative Defense - Good Faith
We answer the questions submitted to us as follows:
1. Did [name of plaintiff] have a right to payment from [name of
debtor]?
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 debtor] [transfer property/incur an obligation] to
[name of defendant]?
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. Did [name of debtor] [transfer the property/incur the obligation]
with the intent to hinder, delay, or defraud one or more of [his/
her/nonbinary pronoun/its] creditors?
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 debtor]’s conduct a substantial factor in causing
[name of plaintiff]’s harm?
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. Did [[name of defendant]/[name of third party]] receive the property
from [name of debtor] in good faith?
5. Yes No
5. If your answer to question 5 is yes, then answer question 6. If you
answered no, skip question 6 and answer question 7.
6. Did [[name of defendant]/[name of third party]] receive the property
for a reasonably equivalent value?
1118
Bgba5
6. Yes No
6. If your answer to question 6 is yes, stop here, answer no further
questions, and have the presiding juror sign and date this form.
If you answered no, then answer question 7.
7. What are [name of plaintiff]’s damages?
7. TOTAL $
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 December 2011; Revised June 2016, December 2016
Directions for Use
This verdict form is based on CACI No. 4200, Actual Intent to Hinder, Delay, or
Defraud a Creditor - Essential Factual Elements, and CACI No. 4207, Affırmative
Defense - Good Faith. The defendant is the transferee of the property. The transferee
may have received the property in good faith even though the debtor had a
fraudulent intent. (See Annod Corp. v. Hamilton & Samuels (2002) 100 Cal.App.4th
1286, 1299 [123 Cal.Rptr.2d 924].)
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 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.
UNIFORM VOIDABLE TRANSACTIONS ACT VF-4200
1119

© Judicial Council of California.