California Civil Jury Instructions (CACI) (2017)

VF-3202. Violation of Civil Code Section 1793.2(d) - Consumer Goods—Affirmative Defense—Unauthorized or Unreasonable Use

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VF-3202.Failure to Repurchase or Replace Consumer Good After
Reasonable Number of Repair Opportunities—Affirmative
Defense—Unauthorized or Unreasonable Use (Civ. Code,
§ 1793.2(d))
We answer the questions submitted to us as follows:
1. Did [name of plaintiff] buy [a/an] [consumer good]
[from/distributed by/manufactured by] [name of defendant]?
1. Yes No
1. 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?
2. Yes No
2. 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?
3. Yes No
3. 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?
4. Yes No
4. 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?
5. Yes No
5. If your answer to question 5 is no, then answer question 6. If
you answered yes, stop here, answer no further questions, and
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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?
6. Yes No
6. 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 [con-
sumer good]
$
TOTAL $
7. [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 [this verdict form has/all verdict forms have] been signed, notify
the [clerk/bailiff/court attendant] that you are ready to present your
verdict in the courtroom.
New September 2003; Revised June 2005, October 2008, December 2010,
December 2011, December 2016
Directions for Use
This verdict form is based on CACI No. 3200, Failure to Repurchase or Replace
Consumer Good After Reasonable Number of Repair Opportunities—Essential
Factual Elements, CACI No. 3220, Affırmative Defense—Unauthorized or
Unreasonable Use, and CACI No. 3240, Reimbursement Damages—Consumer
Goods.
VF-3202 SONG-BEVERLY CONSUMER WARRANTY ACT
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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 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. If different damages are recoverable on different causes of
action, replace the damages tables in all of the verdict forms with CACI No. VF-
3920, Damages on Multiple Legal Theories.
If the jury is being given the discretion under Civil Code section 3288 to award
prejudgment interest (see Bullis v. Security Pac. Nat’l Bank (1978) 21 Cal.3d 801,
814 [148 Cal.Rptr. 22, 582 P.2d 109]), give CACI No. 3935, Prejudgment Interest.
This verdict form may need to be augmented for the jury to make any factual
findings that are required in order to calculate the amount of prejudgment interest.
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