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CACI No. 3961 directs the jury to ?subtract the amount [the plaintiff] earned . . . by returning to gainful employment? from any award of past economic damages. The trial court instead instructed the jury with CACI No. 2407 (affirmative defense?employee's duty to mitigate damages).
CACI (Pronounced "Casey") is the name of the Judicial Council of California Civil Jury Instructions, the official civil jury instructions and verdict forms approved by the council on July 16, 2003. "CACI" means "California Civil Instructions."
2d 389].) Scott requested the court give CACI No. 413 which states: "You may consider customs or practices in the community in deciding whether defendant acted reasonably. Customs and practices do not necessarily determine what a reasonable person would have done in defendant's situation.
The full cite should be to "Judicial Council of California Civil Jury Instructions (year)". The short cite to particular instructions should be to "CACI No. ____."
California Civil Jury Instruction 3113 addresses recklessness as a high probability that a person's conduct would cause harm, and he or she knowingly disregarded this risk.