Jury Instructions in California PI Cases.

Overview

Jury instructions are the law the jury applies to your case. Which instructions are given, and how they are worded, can determine the outcome.

Overview of CACI Instructions

What Are CACI Instructions?

CACI (California Civil Jury Instructions) are pattern instructions approved by the Judicial Council of California for use in civil trials. They replaced the older BAJI (Book of Approved Jury Instructions) as the standard instructions in 2003. While BAJI instructions may still be given, CACI instructions are preferred by most courts.

Why CACI Instructions Matter

Jury instructions serve three critical functions:

1. Define the legal standard: Instructions tell the jury what the plaintiff must prove and what the defendant must prove
2. Structure deliberations: Instructions organize the jury's analysis into discrete elements and categories
3. Preserve error: Correct instructions protect the verdict on appeal; incorrect instructions create grounds for reversal

CACI Organization

CACI instructions are organized by series:

Series	Subject
100	Preliminary and general instructions
200	Contract
300	Negligence per se
400	Negligence
430-435	Causation
500	Medical malpractice
700	Intentional torts
1000	Premises liability
1100-1200	Products liability
1900	Vicarious liability
2300	Economic interference
3900	Damages (general)
3920-3921	Wrongful death damages
5000	Affirmative defenses

How to Request Instructions

Timing

Most courts require proposed jury instructions to be submitted with the pretrial documents, typically 10-15 days before trial. Check the assigned judge's standing orders and local rules for specific deadlines.

Los Angeles Superior Court: Local Rule 3.57 requires proposed instructions to be submitted at the Final Status Conference.

Format

Proposed instructions should include:

1. The CACI instruction number and title
2. The full text of the instruction with any necessary modifications for the case (party names, specific facts)
3. Bracketed optional language included or excluded as appropriate
4. Citation to the instruction source (CACI number) and supporting authority
5. A brief statement of why the instruction is warranted

Submitting Instructions

Submit two sets:

• Instructions requested by plaintiff: Instructions you want given
• Instructions opposed by plaintiff: Defense-requested instructions you object to, with grounds for objection

Standard PI Instructions: Negligence

CACI 400: Negligence -- Essential Factual Elements

CACI 400 is the foundational negligence instruction. It establishes the four elements the plaintiff must prove:

1. Defendant was negligent (failed to use reasonable care)
2. Plaintiff was harmed
3. Defendant's negligence was a substantial factor in causing plaintiff's harm

The instruction defines negligence as a failure to use reasonable care -- the care that a reasonably careful person would use in the same or similar circumstances. It also defines negligence as doing something that a reasonably careful person would not do, or failing to do something that a reasonably careful person would do.

CACI 401: Negligence -- Basic Standard of Care

CACI 401 elaborates on the standard of care, explaining that a person must use reasonable care to prevent harm to others. The amount of care varies with the circumstances -- greater danger requires greater care.

CACI 402-405: Specific Negligence Scenarios

• CACI 402: Negligence -- Loss of Use of Vehicle (automobile cases)
• CACI 403: Negligence -- Undertaking to Provide Services (Good Samaritan and similar)
• CACI 404: Negligence -- Entrustment of a Vehicle
• CACI 405: Negligence -- Hiring, Supervising, or Retaining Employee

CACI 406: Apportionment of Fault (Comparative Negligence)

CACI 406 instructs the jury on comparative negligence. Under California's pure comparative negligence system (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804), the plaintiff's recovery is reduced by their percentage of fault. Even a plaintiff who is 99% at fault may recover 1% of their damages.

CACI 410: Concurring Causes

CACI 410 addresses situations where multiple causes contribute to the plaintiff's harm. It instructs the jury that if two or more people are negligent and each person's negligence was a substantial factor in causing the plaintiff's harm, each person is individually liable for the harm.

Causation Instructions

CACI 430: Causation -- Substantial Factor

CACI 430 is the standard causation instruction. It defines "substantial factor" -- the plaintiff must prove that the defendant's conduct was a substantial factor in causing the harm. A substantial factor is more than a remote or trivial factor. It does not have to be the only cause of harm.

CACI 431: Causation -- Multiple Causes

CACI 431 addresses situations involving pre-existing conditions or multiple contributing causes. It instructs that a person's negligence is a substantial factor in causing harm if the harm would not have occurred without that person's negligence. Importantly, the defendant may not escape liability simply because other causes (including pre-existing conditions) also contributed.

CACI 432: Causation -- Preexisting Condition

CACI 432 addresses the aggravation of a pre-existing condition. If the plaintiff had a pre-existing condition and the defendant's negligence aggravated that condition, the defendant is liable for the additional harm caused by the aggravation, but not for the pre-existing condition itself.

Damages Instructions

CACI 3900: Damages -- Introduction

CACI 3900 is the introductory damages instruction, explaining that if the jury finds the defendant liable, they must then determine the amount of damages to compensate the plaintiff.

CACI 3903A-3903N: Categories of Economic Damages

The 3903 series covers specific categories of economic (special) damages:

• CACI 3903A: Past medical expenses
• CACI 3903B: Future medical expenses
• CACI 3903C: Past lost earnings
• CACI 3903D: Future lost earnings / earning capacity
• CACI 3903E: Lost household services
• CACI 3903F: Loss of employment or business opportunities
• CACI 3903G: Property damage
• CACI 3903H-N: Other economic losses specific to the case type

CACI 3905A: Noneconomic Damages -- Physical Pain and Mental Suffering (Past and Future)

CACI 3905A covers the plaintiff's general damages, including:

• Physical pain and suffering (past and future)
• Mental and emotional distress (past and future)
• Loss of enjoyment of life
• Disfigurement
• Physical impairment
• Inconvenience
• Grief, anxiety, humiliation, emotional distress

The instruction emphasizes that there is no fixed standard for calculating these damages and that the jury must use its good judgment.

CACI 3906: Mitigation of Damages

CACI 3906 instructs that the plaintiff must take reasonable steps to mitigate damages. The plaintiff cannot recover for harm that could have been avoided through reasonable efforts. The defendant bears the burden of proving failure to mitigate.

CACI 3927: Punitive Damages -- Entitlement

In cases involving punitive damages (malice, oppression, or fraud under Civil Code 3294), CACI 3927 and the associated series provide the framework for the jury's determination.

Wrongful Death Instructions

CACI 3920: Wrongful Death Damages

CACI 3920 covers the damages available in a wrongful death action. The instruction identifies the heirs (typically spouse, children, and domestic partner) and the categories of damages:

1. Financial support the decedent would have contributed
2. Loss of household services
3. Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support
4. Loss of the decedent's training and guidance
5. Reasonable funeral and burial expenses

CACI 3921: Wrongful Death -- Damages for Death of an Adult

CACI 3921 elaborates on the damages categories for the death of an adult, including the economic and noneconomic components.

Key Issues with Wrongful Death Instructions

• Multiple heirs: When there are multiple statutory beneficiaries, the jury must allocate damages among them. Each heir's damages are calculated individually.
• Decedent's comparative fault: The decedent's own negligence reduces the wrongful death recovery proportionally (CACI 3960).
• Pre-death pain and suffering (survival action): Separate from wrongful death damages, the decedent's estate may recover for the decedent's own pain and suffering before death under CCP 377.34.

Special Instructions

When to Request Special Instructions

CACI instructions cover most situations, but special instructions may be needed when:

• No CACI instruction addresses the specific legal issue
• The CACI instruction is incomplete or does not accurately state the law for your case
• You want to emphasize a specific legal principle supported by case law
• The opponent has requested an instruction that misstates the law and you need a corrective instruction

Requirements for Special Instructions

Under CCP 607(a), a party is entitled to have the jury instructed on all issues supported by the evidence. Special instructions must:

1. State a correct legal principle
2. Be supported by the evidence in the case
3. Not be argumentative or one-sided
4. Not duplicate or conflict with CACI instructions
5. Be clear and understandable to a lay jury

Common Special Instructions in PI Cases

• Eggshell plaintiff rule: Emphasizing that the defendant takes the plaintiff as they find them
• Aggravation of pre-existing condition: Clarifying the defendant's liability for aggravation
• Emergency doctrine (if applicable): Addressing the defendant's claim of sudden emergency
• Spoliation inference: Instructing the jury that it may draw adverse inferences from destruction of evidence
• Per diem argument authorization: Some judges require a special instruction permitting or prohibiting per diem damages calculations

Objections to Instructions

Grounds for Objecting

Object to defense-requested instructions that:

• Misstate the law: The instruction does not accurately reflect California law
• Are not supported by the evidence: There is insufficient evidence to support giving the instruction
• Are argumentative: The instruction frames the law in a way that favors one side
• Are confusing or misleading: The instruction would confuse the jury
• Are duplicative: The instruction is cumulative of other instructions
• Shift the burden of proof: The instruction improperly places a burden on the plaintiff that does not exist

How to Object

At the instruction conference (see below), state your objection on the record with specificity:

1. Identify the instruction you object to (by number and title)
2. State the specific ground for objection
3. Cite legal authority supporting your objection
4. Propose an alternative instruction if applicable
5. Request the court rule on the record

The Instruction Conference

What Is the Instruction Conference?

The instruction conference is a meeting between the attorneys and the judge, typically held after the close of evidence and before closing arguments, to finalize the jury instructions. This is one of the most important procedural steps in the trial.

Preparation for the Conference

1. Prepare a complete set of proposed instructions covering all issues in the case
2. Review the defense's proposed instructions and prepare specific objections
3. Anticipate disputed instructions and prepare authority supporting your position
4. Bring copies of CACI and relevant case law for reference during the conference

During the Conference

• Go through each instruction systematically
• Argue for your proposed instructions and against the defense's objectionable instructions
• Make a clear record of your objections and the court's rulings
• If the court refuses an instruction, propose an alternative
• Confirm the reading order (see below)
• Verify that the verdict form is consistent with the instructions

Reading Order Strategy

Why Reading Order Matters

The order in which instructions are read affects how the jury processes the information. Jurors pay more attention to instructions read at the beginning and end (primacy and recency effects). Instructions in the middle tend to receive less attention.

Recommended Reading Order for PI Plaintiffs

1. Preliminary instructions (CACI 100 series -- burden of proof, credibility, etc.)
2. Liability instructions (CACI 400 series -- negligence, standard of care)
3. Causation instructions (CACI 430 series -- substantial factor)
4. Damages instructions (CACI 3900 series -- categories and calculations)
5. Concluding instructions (deliberation process, verdict forms)

Strategic Considerations

• Request that damages instructions be read last before deliberation instructions, so they are fresh in the jury's mind when deliberations begin
• If comparative fault is at issue, request that the comparative fault instruction be read in the middle of the sequence, where it receives less emphasis
• Request that the burden of proof instruction be read early, emphasizing the plaintiff's lower burden (preponderance -- more likely than not)

Using Instructions in Closing Argument

Integrating Instructions into Your Narrative

The most effective closings weave jury instructions into the argument rather than reading them separately. Techniques include:

1. Element-by-element argument: Walk the jury through each element of CACI 400 (or the applicable liability instruction) and explain how the evidence satisfies each element
2. Damages category argument: Use CACI 3905A's list of noneconomic damages categories as an outline for your damages argument
3. Burden of proof framing: Reference the preponderance instruction (CACI 200) to remind jurors that the plaintiff need only prove it is "more likely than not"
4. Visual aids: Display key instruction language on slides or boards and connect it to the evidence

Specific Techniques

• Quote the instruction directly: "The judge will instruct you that negligence is the failure to use reasonable care. Let me show you exactly how the defendant failed to use reasonable care..."
• Use the instruction as a checklist: "The judge will give you a checklist of three things we must prove. Let me walk you through each one..."
• Anticipate defense arguments: "The defense will tell you that the plaintiff was also at fault. But the judge will instruct you that even if the plaintiff was partially at fault, the defendant is still liable for the defendant's share of fault..."

For comprehensive closing argument strategies, see Closing Arguments.

Preserving Error

Why Preservation Matters

An erroneous jury instruction can be grounds for a new trial or reversal on appeal -- but only if the error was properly preserved. If you fail to object or request a correct instruction, the issue is waived.

How to Preserve Error

1. Request the correct instruction in writing before or at the instruction conference
2. Object to incorrect instructions on the record with specific grounds
3. Propose an alternative instruction if your primary request is denied
4. Obtain a ruling on the record -- make sure the court explicitly rules on your objection
5. Do not withdraw objections to obtain a stipulation unless strategically advantageous

CCP 647: Formal Requirements

CCP section 647 requires that before closing arguments, the court must give each party an opportunity to review the proposed instructions and verdict forms. Parties must state their objections on the record before the instructions are read to the jury.

Common Preservation Failures

• Failing to request a specific instruction (the court is not required to give instructions sua sponte in civil cases)
• Objecting to an instruction without stating specific grounds
• Failing to propose an alternative when the court rejects your proposed instruction
• Agreeing to instructions "as modified" without specifying your objection to the modification
• Failing to object to the verdict form as inconsistent with the instructions

Jury Instructions Checklist

Pre-Trial Preparation

• [ ] Review all CACI instructions relevant to the case
• [ ] Draft proposed instructions with party names and case-specific modifications
• [ ] Prepare special instructions for issues not covered by CACI
• [ ] Review defense proposed instructions and prepare objections
• [ ] Prepare authority for disputed instructions
• [ ] Submit proposed instructions per local rules and judge's standing orders

Instruction Conference

• [ ] Argue for all proposed plaintiff instructions with legal authority
• [ ] Object to each defense instruction you oppose with specific grounds
• [ ] Propose alternative instructions when primary requests are denied
• [ ] Confirm the reading order of instructions
• [ ] Verify consistency between instructions and verdict form
• [ ] Ensure all rulings are on the record

Closing Argument Integration

• [ ] Identify the 3-5 most important instructions for closing argument
• [ ] Prepare visual aids displaying key instruction language
• [ ] Draft closing argument outline tracking the instruction elements
• [ ] Prepare damages argument organized by CACI damages categories
• [ ] Practice connecting instruction language to specific evidence

Post-Instruction

• [ ] Confirm the instructions as read match the instructions as agreed
• [ ] Note any deviations from the agreed instructions for the record
• [ ] Ensure the jury has a copy of the instructions for deliberation
• [ ] Verify the verdict form is included with the instructions

See also: Closing Arguments | Verdict Forms | Trial Practice | Post-Trial Motions

Cross-References

• Trial Practice
• Closing Arguments
• Verdict Forms
• Opening Statements
• Evidence Rules
• Voir Dire

Common Questions

Sources & Legal Citations

1. CACI 400 — Negligence Essential Factual Elements. Standard negligence instruction listing all elements plaintiff must prove.
2. CACI 430 — Causation: Substantial Factor. Substantial factor test for causation.
3. CACI 3900 — Introduction to Damages. Overview of damages categories for jury consideration.
4. CACI 3905A — Noneconomic Damages. Past and future pain, suffering, and emotional distress instruction.
5. CACI 3921 — Wrongful Death Damages. Damages instruction for wrongful death claims.
6. CACI 405 — Comparative Fault. Instruction on reducing damages by plaintiff's percentage of fault.