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CA · jury_instructions

CACI No. 2801

Employer’s Willful Physical Assault—Essential Factual

activein force · 2025-01-01 – presentcompiled-edition

Elements (Lab. Code, § 3602(b)(1))

[Name of plaintiff] claims that [he/she/ nonbinary pronoun] was harmed

because [name of defendant] assaulted [him/her/ nonbinary pronoun]. To

establish this claim, [name of plaintiff] must prove all of the following:

1. That [name of defendant] [insert one of the following:]

1. [engaged in physical conduct that a reasonable person would

perceive to be a real, present, and apparent threat of bodily

harm;]

1. [touched [name of plaintiff] [or caused [name of plaintiff] to be

touched] in a harmful or offensive manner];

2. That [name of defendant] intended to harm [name of plaintiff];

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

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

causing [name of plaintiff]’s harm.

New September 2003

Provenance

Source
courts.ca.gov
Retrieved
2026-08-20
Edition
caci-2025
Content hash
6a9a901657dd532299b0c8ac5e6e8ee403efff530641fb04fcc624feebf80047
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