3062. Gender Price Discrimination Essential Factual Elements (Civ. Code, § 51.6)

3062. Gender Price Discrimination--Essential Factual Elements (Civ. Code, § 51.6) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] charged [him/her] a higher price for services because of [his/her] gender. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. That [name of defendant] charged [name of plaintiff] more for services of similar or like kind because of [his/her] gender; That [name of plaintiff] was harmed; and That [name of defendant]'s conduct was a substantial factor in causing [name of plaintiff]'s harm. It is not improper to charge a higher price for services if the price difference is based on the amount of time, difficulty, or cost of providing the services. ____________________________________________________________________________ New September 2003; Renumbered from CACI No. 3022 December 2012; Revised June 2013