VF-3202. Violation of Civil Code Section 1793.2(d) - Consumer Goods—Affirmative Defense—Unauthorized or Unreasonable Use
We answer the questions submitted to us as follows:
1. Did [name of plaintiff] buy a[n] [consumer good] [from/ distributed by/manufactured by] [name of defendant]?
______ Yes ______ No
If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
2. Did [name of defendant] give [name of plaintiff] a warranty?
______ Yes ______ No
If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
3. Did the [consumer good] fail to perform as represented in the warranty?
______ Yes ______ No
If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
4. Was the failure to comply with the warranty caused by unauthorized or unreasonable use of the [consumer good] following its sale?
______ Yes ______ No
If your answer to question 4 is no, then answer question 5. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form.
5. Did [name of defendant] or its authorized repair facility repair the [consumer good] to conform to the [written statement/represented quality] after a reasonable number of opportunities?
______ Yes ______ No
If your answer to question 5 is no, then answer question 6. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form.
6. Did [name of defendant] fail to replace the [consumer good] or reimburse [name of plaintiff] the appropriate amount of money?
______ Yes ______ No
If your answer to question 6 is yes, then answer question 7. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
7. What amount is [name of plaintiff] entitled to receive as reimbursement for the [consumer good]? Calculate as follows:
Determine: Purchase price of the [consumer good]: $______ Subtract: Value of use by [name of plaintiff] before [he/she/it] discovered the defect: $______ Subtract: The amount, if any, that [name of defendant] previously reimbursed [name of plaintiff] for the [consumer good] $______ TOTAL $______ [Answer question 8.]
[8. What amount is [name of plaintiff] entitled to recover for [insert item(s) of claimed incidental damages]? $______]
| Signed: | |
| Presiding Juror | |
| Dated: |
[After it has been signed/After all verdict forms have been signed], deliver this verdict form to the [clerk/bailiff/judge].
Directions for Use
The special verdict forms in this section are intended only as models. They may need to be modified depending on the facts of the case.
This verdict form is based on CACI No. 3200, Violation of Civil Code Section 1793.2(d)—Consumer Goods—Essential Factual Elements, CACI No. 3220, Affirmative Defense—Unauthorized or Unreasonable Use, and CACI No. 3240, Reimbursement Damages—Consumer Goods.
If the plaintiff was unable to deliver the good, modify question 4 as in element 4 of CACI No. 3200. See CACI No. VF-3201 for additional questions in the event the plaintiff is claiming consequential damages. Question 8 can be used to account for claimed incidental damages included under CACI No. 3242, Incidental Damages.
If there are multiple causes of action, users may wish to combine the individual forms into one form.
(Revised June 2005)