CACI No. 4702. Consumers Legal Remedies Act - Statutory Damages - Senior or Disabled Plaintiff (Civ. Code, § 1780(b))

Judicial Council of California Civil Jury Instructions (2020 edition)

Download PDF
4702.Consumers Legal Remedies Act - Statutory
Damages - Senior or Disabled Plaintiff (Civ. Code, § 1780(b))
If you decide that [name of plaintiff] has proven [his/her/nonbinary
pronoun] claim against [name of defendant], in addition to any actual
damages that you award, you may award [name of plaintiff] additional
damages up to $5,000 if you find all of the following:
1. That [name of plaintiff] has suffered substantial physical,
emotional, or economic damage because of [name of defendant]’s
conduct;
2. One or more of the following factors:
(a) [Name of defendant] knew or should have known that [his/her/
nonbinary pronoun/its] conduct was directed to one or more
senior citizens or disabled persons;
(b) [Name of defendant]’s conduct caused one or more senior
citizens or disabled persons to suffer:
(1) loss or encumbrance of a primary residence, principal
employment, or source of income;
(2) substantial loss of property set aside for retirement, or for
personal or family care and maintenance; or
(3) substantial loss of payments received under a pension or
retirement plan or a government benefits program, or
assets essential to the health or welfare of the senior citizen
or disabled person;
(b) or
(c) One or more senior citizens or disabled persons are
substantially more vulnerable than other members of the
public to [name of defendant]’s conduct because of age, poor
health or infirmity, impaired understanding, restricted
mobility, or disability, and actually suffered substantial
physical, emotional, or economic damage resulting from the
defendant’s conduct;
2. and
3. That an additional award is appropriate.
New November 2017
1336
Copyright Judicial Council of California
Directions for Use
Give this instruction if the plaintiff is a senior citizen or disabled person seeking to
obtain $5,000 in statutory damages. (See Civ. Code, § 1780(b).)
Sources and Authority
• Consumers Legal Remedies Act: Additional Remedy for Senior Citizens and
Disabled Persons. Civil Code section 1780(b).
Secondary Sources
4 Witkin, Summary of California Law (11th ed. 2017) Sales, § 298 et seq.
Wiseman & Reese, California Practice Guide: Civil Procedure Before Trial Claims
& Defenses, Ch. 14(II)-B, Consumers Legal Remedies Act - Elements of Claim,
¶ 14:435 (The Rutter Group)
Cabraser, California Class Actions and Coordinated Proceedings, Ch. 4, California’s
Consumer Legal Remedies Act, § 4.02 (Matthew Bender)
44 California Forms of Pleading and Practice, Ch. 504, Sales: Consumers Legal
Remedies Act, § 504.13 (Matthew Bender)
1 Matthew Bender Practice Guide: California Contract Litigation, Ch. 1,
Determining the Applicable Law, 1.33
4703-4709. Reserved for Future Use
CONSUMERS LEGAL REMEDIES ACT CACI No. 4702
1337
Copyright Judicial Council of California

© Judicial Council of California.