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330 N D St, Ste 542, San Bernardino, CA 92401
330 N D St, Ste 542, San Bernardino, CA 92401

“Plaintiff claims that Defendant assaulted him. To establish this claim, Plaintiff must prove all of the following: 1. That Defendant acted, intending to cause harmful [or offensive] contact and That Plaintiff reasonably believed that he was about to be touched in a harmful [or an offensive] manner or [1. That Defendant threatened to touch Plaintiff in a harmful [or an offensive] manner and That it reasonably appeared to Plaintiff that Defendant was about to carry out the threat]; 2. That Plaintiff did not consent to Defendant’s conduct; 3. That Plaintiff was harmed; and 4. That Defendant’s conduct was a substantial factor in causing Plaintiff’s harm. [A touching is offensive if it offends a reasonable sense of personal dignity.] [Words alone do not amount to an assault.]”

[CACI Jury Instructions [citations omitted]]

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Post Author: lawofficesofjamesrdickinson