3102A. Employer Liability For Enhanced Remedies Both Individual And Employer Defendants

3102A. Employer Liability for Enhanced Remedies--Both Individual and Employer Defendants (Welf. & Inst. Code, §§ 15657, 15657.05; Civ. Code, § 3294(b)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] also claims that [name of employer defendant] is responsible for [attorney fees and costs/ [and] [name of decedent]'s pain and suffering before death]. To establish this claim, [name of plaintiff] must prove by clear and convincing evidence [insert one or more of the following four options:] 1. [That [name of individual defendant] was an officer, a director, or a managing agent of [name of employer defendant] acting on behalf of [name of defendant];] [or] [That an officer, a director, or a managing agent of [name of employer defendant] had advance knowledge of the unfitness of [name of individual defendant] and employed [him/her] with a knowing disregard of the rights or safety of others;] [or] [That an officer, a director, or a managing agent of [name of employer defendant] authorized [name of individual defendant]'s conduct;] [or] [That an officer, a director, or a managing agent of [name of employer defendant] knew of [name of individual defendant]'s wrongful conduct and adopted or approved the conduct after it occurred.] 2. 3. 4. An employee is a "managing agent" if he or she exercises substantial independent authority and judgment in his or her corporate decision-making such that his or her decisions ultimately determine corporate policy. [If [name of plaintiff] proves the above, I will decide the amount of attorney fees and costs.] ________________________________________________________________________________ Derived from former CACI No. 3102 October 2008; Revised April 2009