California Civil Jury Instructions (CACI) (2017)

VF-4201. Constructive Fraudulent Transfer-No Reasonably Equivalent Value Received

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VF-4201.Constructive Fraudulent Transfer—No Reasonably
Equivalent Value Received
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] fail to receive a reasonably equivalent value
in exchange for the [transfer/obligation]?
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] [in business/about to start a business]/Did
[name of debtor] enter into a transaction] when [his/her/its]
remaining assets were unreasonably small for the
[business/transaction]?]
4. [or]
4. [Did [name of debtor] intend to incur debts beyond [his/her/its]
ability to pay as they became due?]
4. [or]
4. [Did [name of debtor] believe or should [he/she/it] reasonably
have believed that [he/she/it] would incur debts beyond [his/her/
its] ability to pay as they became due?]
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
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have the presiding juror sign and date this form.
5. Was [name of debtor]’s conduct a substantial factor in causing
[name of plaintiff]’s harm?
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?
6. 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. 4202, Constructive Fraudulent
Transfer—No Reasonably Equivalent Value Received—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 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.
VF-4201 UNIFORM FRAUDULENT TRANSACTIONS ACT
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