VF-3203. Breach of Express Warranty - New Motor Vehicle—Civil Penalty Sought

We answer the questions submitted to us as follows:

1. Did [name of plaintiff] [buy/lease] a[n] [new motor vehicle] [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 written 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 vehicle have a defect covered by the warranty that substantially impaired the vehicle's use, value, or safety to a reasonable [buyer/lessee] in [name of plaintiff]'s situation?

______ 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. Did [name of defendant] or its authorized repair facility fail to repair the vehicle to match the written warranty after a reasonable number of opportunities to do so?

______ Yes  ______ No

If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further uestions, and have the presiding juror sign and date this form.

5. Did [name of defendant] fail to promptly replace or repurchase the vehicle as requested by [name of plaintiff]?

______ Yes  ______ No

If your answer to question 5 is yes, then answer question 6. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

6. What are [name of plaintiff]'s damages? Calculate as follows:

Add the following amounts:

a.	The purchase price of the vehicle itself:	$______
b.	Charges for transportation and manufacturer-installed options:	$______
c.	Finance charges actually paid by [name of plaintiff]:	$______
d.	Sales tax, license fees, registration fees, and other official fees:	$______
e.	Incidental and consequential damages:	$______
	[SUBTOTAL/TOTAL DAMAGES:]	$______

[Calculate the value of the use of the vehicle before it was [brought in/submitted] for repair as follows:

1.	Add dollar amounts listed in lines a and b above:	$______
2.	Multiply the result in step 1 by the number of miles the vehicle was driven before it was [brought in/submitted] for repair:	$______
3.	Divide the dollar amount in step 2 by 120,000 and insert result in VALUE OF USE below:
	VALUE OF USE:	$______
Subtract the VALUE OF USE from the SUBTOTAL above and insert result in TOTAL DAMAGES below:
	TOTAL DAMAGES:	$______]

[What is the number of miles that the vehicle was driven between the time when [name of plaintiff] took possession of the vehicle and the time when [he/she/it] first delivered the vehicle to [name of defendant] or its authorized repair facility to fix the problem?

Answer: ______ miles]

Answer question 7.

7. Did [name of defendant] willfully fail to repurchase or replace the [new motor vehicle]?

______ Yes  ______ No

If your answer to question 7 is yes, then answer question 8. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

8. What amount, if any, do you impose as a penalty? [You may not exceed two times the "TOTAL DAMAGES" that you entered in question 6.] $______

PENALTY: $______]

[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. Items of damages that do not apply to the facts of the case may be omitted.

If there are multiple causes of action, users may wish to combine the individual forms into one form. This verdict form is based on CACI

No. 3201, Violation of Civil Code Section 1793.2(d)—New Motor Vehicle— Essential Factual Elements, CACI No. 3241, Restitution From Manufacturer—New Motor Vehicle, and CACI No. 3244, Civil Penalty— Willful Violation (Civ. Code, § 1794(c)). See CACI No. VF-3201 for additional questions in the event the plaintiff is claiming consequential damages.

If plaintiff was unable to deliver the vehicle, modify question 4 as in element 4 of CACI No. 3201. In question number 6, users have the option of either allowing the jury to calculate the deduction for value of use, or asking the jury for the relevant mileage number only. The bracketed sentence in question 8 is intended to be given only if the jury has been asked to calculate the deduction for value of use.

If there are multiple causes of action, users may wish to combine the individual forms into one form.

(Revised December 2005)