CACI No. VF-4202. Constructive Fraudulent Transfer - Insolvency

Judicial Council of California Civil Jury Instructions (2024 edition)

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VF-4202.Constructive Fraudulent Transfer - Insolvency
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. Did [name of plaintiff]’s right to payment from [name of debtor]
arise before [name of debtor] [transferred property/incurred an
obligation]?
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. Was [name of debtor] insolvent at that time or did [name of
debtor] become insolvent as a result of the [transfer/ obligation]?
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. Was [name of debtor]’s conduct a substantial factor in causing
[name of plaintiff]’s harm?
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6. Yes No
6. If your answer to question 6 is yes, then answer question 7. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
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. 4203, Constructive Fraudulent
Transfer - Insolvency - 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-4203-VF-4299. Reserved for Future Use
UNIFORM VOIDABLE TRANSACTIONS ACT VF-4202
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