CACI No. 3906. Lost Earnings and Lost Earning Capacity - Jurors Not to Reduce Damages on Basis of Race, Ethnicity, or Gender (Economic Damage)

Judicial Council of California Civil Jury Instructions (2025 edition)

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3906.Lost Earnings and Lost Earning Capacity - Jurors Not to
Reduce Damages on Basis of Race, Ethnicity, or Gender
(Economic Damage)
In determining a reasonable amount of [name of plaintiff]’s [lost earnings/
[and] lost ability to earn money], you must not use race, ethnicity, or
gender as a basis for reducing [name of plaintiff]’s [lost earnings/ [and]
lost ability to earn money].
New November 2020
Directions for Use
Give this instruction in cases in which the plaintiff seeks damages for lost earnings
and/or lost earning capacity from personal injury or wrongful death. Depending on
the circumstances, select the type(s) of damages at issue: lost earnings, lost ability
to earn money, or both. If this instruction is used, it should follow the applicable
instruction(s) in the Items of Economic Damage series. See CACI No. 3903C, Past
and Future Lost Earnings (Economic Damage), and CACI No. 3903D, Lost Earning
Capacity (Economic Damage).
Sources and Authority
• Estimations, Measures, or Calculations of Past, Present, or Future Damages.
Civil Code section 3361.
Secondary Sources
6 Witkin, Summary of California Law (11th ed. 2017) Torts, §§ 1843, 1871
Wegner et al., California Practice Guide: Civil Trials & Evidence, Ch. 17-A,
Verdicts, 17:13 (The Rutter Group)
4 Levy et al., California Torts, Ch. 52, Recovery for Medical Expense and Economic
Loss, § 52.11 (Matthew Bender)
15 California Forms of Pleading and Practice, Ch. 177, Damages, §§ 177.45, 177.46
(Matthew Bender)
3907-3918. Reserved for Future Use
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