California Civil Jury Instructions (CACI) (2017)

3240. Reimbursement Damages - Consumer Goods

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3240.Reimbursement Damages—Consumer Goods (Civ. Code,
§§ 1793.2(d)(1), 1794(b))
If you decide that [name of defendant] or its representative failed to
repair or service the [consumer good] to match the [written warranty/
represented quality] after a reasonable number of opportunities, then
[name of plaintiff] is entitled to be reimbursed for the purchase price of
the [consumer good], less the value of its use by [name of plaintiff] before
discovering the defect.
[Name of plaintiff] must prove the amount of the purchase price, and
[name of defendant] must prove the value of the use of the [consumer
good].
New September 2003; Revised December 2011
Directions for Use
This instruction is intended for use with claims involving consumer goods under
the Song-Beverly Consumer Warranty Act. The remedy is replacement of the goods
or reimbursement measured by the purchase price minus the value of the plaintiff’s
use before discovery of the defect. (Civ. Code, § 1793.2(d)(1).) For claims
involving new motor vehicles, see CACI No. 3241, Restitution From
Manufacturer—New Motor Vehicle.
The basic measure of damages provided for in the Song-Beverly Act for all claims
is replacement or reimbursement plus additional remedies provided by the
California Uniform Commercial Code. (Civ. Code, § 1794(b); see Cal. U. Com.
Code, §§ 2711–2715.) The remedies for consumer goods are also available for
implied-warranty claims. (See Civ. Code, § 1791.1(d).) The first paragraph of this
instruction can be modified if it is being used for claims other than those brought
under Civil Code section 1793.2(d)(1). See also CACI No. 3242, Incidental
Damages, and CACI No. 3243, Consequential Damages.
Sources and Authority
• Replacement or Reimbursement After Reasonable Number of Repair Attempts.
Civil Code section 1793.2(d)(1).
• California Uniform Commercial Code Remedies Available. Civil Code section
1794(b).
• California Uniform Commercial Code Remedies for Breach of Implied
Warranty. Civil Code section 1791.1(d).
• “The clear mandate of section 1794 . . . is that the compensatory damages
recoverable for breach of the [Song-Beverly Consumer Warranty] Act are those
available to a buyer for a seller’s breach of a sales contract.” (Kwan v.
418
0038
Mercedes-Benz of N. Am. (1994) 23 Cal.App.4th 174, 188 [28 Cal.Rptr.2d
371].)
• “[I]n the usual situation, emotional distress damages are not recoverable under
the Song-Beverly Consumer Warranty Act.” (Music Acceptance Corp. v. Lofing
(1995) 32 Cal.App.4th 610, 625, fn. 15 [39 Cal.Rptr.2d 159]); see also Kwan,
supra, 23 Cal.App.4th at pp. 187–192.)
Secondary Sources
4 Witkin, Summary of California Law (10th ed. 2005) Sales, §§ 321–324
1California UCC Sales & Leases (Cont.Ed.Bar) Warranties, § 3.90
44 California Forms of Pleading and Practice, Ch. 502, Sales: Warranties, § 502.43
(Matthew Bender)
20 California Points and Authorities, Ch. 206, Sales, § 206.103 (Matthew Bender)
5 California Civil Practice: Business Litigation § 53:32 (Thomson Reuters)
SONG-BEVERLY CONSUMER WARRANTY ACT CACI No. 3240
419
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