California Civil Jury Instructions (CACI) (2017)

5006. Non-Person Party

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5006.Nonperson Party
A [corporation/partnership/city/county/[other entity]], [name of entity], is
a party in this lawsuit. [Name of entity] is entitled to the same fair and
impartial treatment that you would give to an individual. You must
decide this case with the same fairness that you would use if you were
deciding the case between individuals.
When I use words like “person” or “he” or “she” in these instructions
to refer to a party, those instructions also apply to [name of entity].
New April 2004
Directions for Use
This instruction should be given if one of the parties is an entity. Select the type of
entity and insert the name of the entity where indicated in the instruction. If this
instruction is used, the advisory committee recommends that it be read to the jury
before reading instructions on the substantive law.
Sources and Authority
• Corporations Have Powers of Natural Person. Corporations Code section 207.
“Person” Includes Corporation. Civil Code section 14.
• As a general rule, a corporation is considered to be a legal entity that has an
existence separate from that of its shareholders. (Erkenbrecher v. Grant (1921)
187 Cal. 7, 9 [200 P. 641].)
• “In general, any person or entity has capacity to sue or defend a civil action in
the California courts. This includes artificial ‘persons’ such as corporations,
partnerships and associations.” (American Alternative Energy Partners II, 1985
v. Windridge, Inc. (1996) 42 Cal.App.4th 551, 559 [49 Cal.Rptr.2d 686],
internal citations omitted.)
Secondary Sources
9 Witkin, Summary of California Law (10th ed. 2005) Corporations, § 1
1242
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