VF-3206. Breach of Disclosure Obligations
We answer the questions submitted to us as follows:
1. Did [name of plaintiff] [buy/lease] a [motor vehicle] from [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] know or should [he/she/it] have known that the vehicle had been returned to the manufacturer under [California's/[name of state]'s] motor vehicle warranty laws?
______ 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. Prior to the [sale/leasing], did [name of defendant] fail to disclose to [name of plaintiff], in clear and simple language, the nature of the defect experienced by the original [buyer/lessee] of the vehicle?
______ 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 [name of defendant]'s failure to clearly disclose the defect a substantial factor in causing harm to [name of plaintiff]?
______ 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. What are [name of plaintiff]'s 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.
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. 3230, Breach of Disclosure Obligations—Essential Factual Elements. See CACI No. VF-3201 for additional questions in the event the plaintiff is claiming consequential damages.
If defendant is a manufacturer, substitute question 2 with a question modeled after the first bracketed option in element 2. Depending on the facts, question 4 can be modified to cover other grounds for breach of the warranty, as in elements 5 and 6 of CACI No. 3230. Make sure that the "yes" and "no" directions match appropriately.
Omit question 4 if the plaintiff is not seeking consequential damages.
(Revised June 2005)