What is the Law in California for Damages for Right of Privacy Civil Code Section 3344 - California Civil Jury Instruction CACI 1821

California Law

CA Civil Jury Instructions

CACI 1821 - Damages for Right of Privacy Civil Code Section 3344

As of September 1, 2010

California Civil Jury Instruction CACI 1821

If you decide that [name of plaintiff] has proved [his/her] claim

against [name of defendant], you also must decide how much money

will reasonably compensate [name of plaintiff] for the harm. This

compensation is called "damages."

[Name of plaintiff] must prove the amount of [his/her] damages.

However, [name of plaintiff] does not have to prove the exact

amount of damages that will provide reasonable compensation for

the harm. You must not speculate or guess in awarding damages.

The following are the specific items of damages claimed by [name

of plaintiff]:

1. Humiliation, embarrassment, and mental distress;

2. Harm to [name of plaintiff]’s reputation; [and]

3. [Insert other item(s) of claimed harm].

If [name of plaintiff] has not proved the above damages, or has

proved an amount of damages less than $750, then you must

award [him/her] $750.

In addition, [name of plaintiff] may recover any profits that [name

of defendant] received from the use of [name of plaintiff]’s [name/

voice/signature/photograph/likeness] [that have not already been

taken into account in computing the above damages]. To establish

the amount of such profits you must:

1. Determine the gross, or total, revenue that [name of

defendant] received from such use;

2. Determine the expenses that [name of defendant] had in

obtaining the gross revenue; and

3. Deduct [name of defendant]’s expenses from the gross

revenue.

[Name of plaintiff] must prove the amount of gross revenue, and

[name of defendant] must prove the amount of expenses.

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