California Civil Jury Instructions (CACI) (2017)

3206. Breach of Disclosure Obligations—Essential Factual Elements

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3206.Breach of Disclosure Obligations—Essential Factual
Elements
[Name of plaintiff] claims that [name of defendant] violated California’s
motor vehicle warranty laws. To establish this claim, [name of plaintiff]
must prove all of the following:
1. That [name of plaintiff] [bought/leased] a [motor vehicle] from
[name of defendant];
2. [That the vehicle was returned by a previous [buyer/lessee] to
[name of manufacturer] under [California/[name of state]]’s motor
vehicle warranty laws; and]
2. [or]
2. [That [name of defendant] knew or should have known that the
vehicle had been returned to the manufacturer under
[California/[name of state]]’s motor vehicle warranty laws; and]
3. [That before the [sale/leasing], [name of defendant] failed to tell
[name of plaintiff], in clear and simple language, about the nature
of the defect experienced by the original [buyer/lessee] of the
vehicle; [or]]
3. [That before the [sale/leasing] to [name of plaintiff], the defect
experienced by the vehicle’s original [buyer/lessee] was not fixed;
[or]]
3. [That [name of defendant] did not provide a written warranty to
[name of plaintiff] that the vehicle would be free for one year of
the defect experienced by the vehicle’s original [buyer/lessee].]
New September 2003; Revised June 2011; Renumbered from CACI No. 3230 June
2012
Directions for Use
Use the first bracketed option in element 2 if the defendant is the manufacturer.
Otherwise, use the second option.
This instruction is based on the disclosure and warranty obligations set forth in
Civil Code section 1793.22(f). The instruction may be modified for use with claims
involving the additional disclosure obligations set forth in California’s Automotive
Consumer Notification Act. (Civ. Code, §§ 1793.23, 1793.24.)
Sources and Authority
• Song-Beverly Consumer Warranty Act: Right of Action. Civil Code section
1794(a).
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0020
• Notice to Buyer on Resale of Nonconforming Motor Vehicle. Civil Code
section 1793.22(f)(1).
• Automotive Consumer Notification Act. Civil Code section 1793.23.
Secondary Sources
4 Witkin, Summary of California Law (10th ed. 2005) Sales, § 320
8California Forms of Pleading and Practice, Ch. 91, Automobiles: Actions
Involving Defects and Repairs, § 91.19 (Matthew Bender)
20 California Points and Authorities, Ch. 206, Sales, § 206.08 et seq. (Matthew
Bender)
30 California Legal Forms: Transaction Guide, Ch. 92, Service Contracts, § 92.53
(Matthew Bender)
5 California Civil Practice: Business Litigation, § 53:29 (Thomson Reuters)
3207–3209. Reserved for Future Use
SONG-BEVERLY CONSUMER WARRANTY ACT CACI No. 3206
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