4341. Statutory Damages on Showing of Malice (Code Civ. Proc., § 1174(b))

4341. Statutory Damages on Showing of Malice (Code Civ. Proc., § 1174(b)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [he/she/it] is entitled to statutory damages in addition to actual damages. To recover statutory damages, [name of plaintiff] must prove that [name of defendant] acted with malice. A tenant acts with malice if he or she willfully continues to occupy the property with knowledge that he or she no longer has the right to do so. You must determine how much, if any, statutory damages should be awarded, up to a maximum of $600. You should not award any statutory damages if you find that [name of defendant] had a good faith and a reasonable belief in [his/her/its] right to continue to occupy the premises. ________________________________________________________________________________ New August 2007