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CACI 1904

What Is Opinions as Statements of Fact Law in California

Statements of Fact Law

What is the Law in California for Opinions as Statements of Fact- California Civil Jury Instruction CACI 1904

California Law

CA Civil Jury Instructions

CACI 1904 - Opinions as Statements of Fact

As of September 1, 2010

California Civil Jury Instruction CACI 1904

1904. Opinions as Statements of Fact

Ordinarily, an opinion is not considered a representation of fact.

An opinion is a person’s belief that a fact exists, a statement

regarding a future event, or a judgment about quality, value,

authenticity, or similar matters. However, [name of defendant]’s

opinion is considered a representation of fact if [name of plaintiff]

proves that:

[[Name of defendant] claimed to have special knowledge about

the subject matter that [name of plaintiff] did not have;] [or]

[[Name of defendant] made a representation, not as a casual

expression of belief, but in a way that declared the matter to

be true;] [or]

[[Name of defendant] had a relationship of trust and confidence

with [name of plaintiff];] [or]

[[Name of defendant] had some other special reason to expect

that [name of plaintiff] would rely on his or her opinion.]

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