CACI No. VF-1721. Trade Libel
Judicial Council of California Civil Jury Instructions (2025 edition)
Download PDF
VF-1721.Trade Libel
We answer the questions submitted to us as follows:
1. Did [name of defendant] make a statement that [would be clearly or
necessarily understood to have] disparaged the quality of [name of
plaintiff]’s [product/service]?
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. Was the statement made to a person other than [name of
plaintiff]?
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. Was the statement untrue?
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 defendant] [know that the statement was untrue/act
with reckless disregard of the truth or falsity of the statement]?
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. Did [name of defendant] know or should [he/she/nonbinary
pronoun] have recognized that someone else might act in reliance
on the statement, causing [name of plaintiff] financial loss?
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. Did [name of plaintiff] suffer direct financial harm because
someone else acted in reliance on the statement?
1110
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. Was [name of defendant]’s conduct a substantial factor in causing
[name of plaintiff]’s harm?
7. Yes No
7. If your answer to question 7 is yes, then answer question 8. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
8. What are [name of plaintiff]’s damages?
[a. Past economic loss $ ]
[b. Future economic loss $ ]
[b. TOTAL $
Signed: Presiding Juror
Dated:
After [this verdict form has/all verdict forms have] been signed, notify
the [clerk/bailiff/court attendant].
New December 2015; Revised December 2016, May 2024
Directions for Use
This verdict form is based on CACI No. 1731, Trade Libel - 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 specificity is not required, users do not have to itemize all the damages listed in
question 8 and do not have to categorize “economic” and “noneconomic” damages,
especially if it is not a Proposition 51 case. The breakdown of damages is optional;
depending on the circumstances.
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 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,
DEFAMATION VF-1721
1111
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-1722-VF-1799. Reserved for Future Use
VF-1721 DEFAMATION
1112
© Judicial Council of California.
