Judicial Council Approves New and Revised CACI Instructions Effective May 25, 2018.
May 30, 2018
Upon recommendation of the CACI Committee, the California Judicial Council has approved a number of new California Civil Jury Instructions. The proposed new instructions are:
CACI No. 2630, Violation of New Parent Leave Act—Essential Factual Elements (elements for plaintiffs claiming employers refused to either grant parental leave or allow return from leave to a comparable job under the New Parent Leave Act).
CACI No. 2740, Violation of Equal Pay Act—Essential Factual Elements (elements for plaintiffs claiming employers paid them less than employees of a different race, sex, or ethnicity performing substantially similar work under the Equal Pay Act).
CACI No. 2741, Affirmative Defenses—Different Pay Justified (employer’s affirmative defenses justifying disparate pay).
CACI No. 2742, Bona Fide Factor Other Than Sex, Race, or Ethnicity (outlines employer’s affirmative defense of a “bona fide factor” justifying disparate pay).
CACI No. 2743, Equal Pay Act—Retaliation—Essential Factual Elements (elements for plaintiffs claiming retaliation against employers for pursuing equal pay).
False Claims Act
CACI No. 4800, False Claims Act—Essential Factual Elements (elements for plaintiffs bringing a claim on behalf of a public entity under the False Claims Act).
CACI No. 4801, Implied Certification of Compliance With All Contractual Provisions—Essential Factual Elements (elements under the False Claims Act for a plaintiff claiming a defendant falsely certified by implication that it fulfilled the terms of a contract).
CACI No. 5022, Introduction to General Verdict Form (defines a jury’s responsibilities when being asked to answer a general verdict form).
The Judicial Council also accepted the CACI Committee’s recommendation to revise 24 existing instructions, which cover a wide variety of topics. In addition, the Judicial Council accepted a CACI recommendation to revoke CACI No. 4010, Limiting Instruction—Expert Testimony, in light of the California Supreme Court’s decision in People v. Sanchez, which holds that a limiting instruction is insufficient to cure hearsay problems with expert witness testimony.
The new instructions took effect on May 25, 2018.