CA · jury_instructions
CACI No. 2003
Damage to Timber—Willful and Malicious Conduct
[Name of plaintiff] also claims that [name of defendant]’s conduct in
cutting down, damaging, or harvesting [name of plaintiff]’s trees was
willful and malicious.
“Willful” simply means that [name of defendant]’s conduct was
intentional.
“Malicious” means that [name of defendant] acted with intent to vex,
annoy, harass, or injure, or that [name of defendant]’s conduct was done
with a knowing disregard of the rights or safety of another. A person
acts with knowing disregard when the person is aware of the probable
dangerous consequences of the person’s conduct and deliberately fails to
avoid those consequences.
New September 2003; Revised December 2010, May 2020
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- caci-2022
- Content hash
f6bade29b586bec5a99bd92c8c846d9812fedfca67197d5213594b11f5150e74
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