CACI No. VF-3203. Breach of Express Warranty - New Motor Vehicle - Civil Penalty Sought
Judicial Council of California Civil Jury Instructions (2024 edition)
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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/an] [new motor vehicle] [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 written
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 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?
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. 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?
4. Yes No
4. If your answer to question 4 is yes, then answer question 5. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
5. Did [name of defendant] fail to promptly replace or repurchase the
vehicle?
5. Yes No
5. 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.
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6. What are [name of plaintiff]’s damages? Calculate as follows:
6. 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: $
e. [SUBTOTAL/TOTAL DAMAGES:] $
6. [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:
3. VALUE OF USE: $
6. Subtract the VALUE OF USE from the SUBTOTAL above and
insert result in TOTAL DAMAGES below:
6. TOTAL DAMAGES: $ ]
6. [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/nonbinary pronoun/it] first delivered the
vehicle to [name of defendant] or its authorized repair facility to
fix the problem?
6. Answer: miles]
6. Answer question 7.
7. Did [name of defendant] willfully fail to repurchase or replace the
[new motor vehicle]?
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7. Yes No
7. 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: $
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 February 2005, June 2005, December 2005,
February 2007, December 2010
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. 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.
This verdict form is based on CACI No. 3201, Failure to Promptly Repurchase or
Replace New Motor Vehicle After Reasonable Number of Repair
Opportunities - Essential Factual Elements, CACI No. 3241, Restitution From
Manufacturer - New Motor Vehicle, and CACI No. 3244, Civil Penalty - Willful
Violation. 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.
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