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CACI 1802

What Is Right of Privacy False Light Law in California

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What is the Law in California for Right of Privacy False Light - California Civil Jury Instruction CACI 1802

California Law

CA Civil Jury Instructions

CACI 1802 - Right of Privacy False Light

As of September 1, 2010

California Civil Jury Instruction CACI 1802

1802. False Light

[Name of plaintiff] claims that [name of defendant] violated [his/her]

right to privacy. To establish this claim, [name of plaintiff] must

prove all of the following:

1. That [name of defendant] publicized information or material

that showed [name of plaintiff] in a false light;

2. That the false light created by the publication would be

highly offensive to a reasonable person in [name of

plaintiff]’s position;

3. [That there is clear and convincing evidence that [name of

defendant] knew the publication would create a false

impression about [name of plaintiff] or acted with reckless

disregard for the truth;]

3. [or]

3. [That [name of defendant] was negligent in determining the

truth of the information or whether a false impression

would be created by its publication;]

4. [That [name of plaintiff] was harmed; and]

4. [or]

4. [That [name of plaintiff] sustained harm to [his/her]

property, business, profession, or occupation [including

money spent as a result of the statement(s)]; and]

5. That [name of defendant]’s conduct was a substantial factor

in causing [name of plaintiff]’s harm.

[In deciding whether [name of defendant] publicized the

information or material, you should determine whether it was

made public either by communicating it to the public at large or

to so many people that the information or material was

substantially certain to become public knowledge.]

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