CACI No. VF-3206. Breach of Disclosure Obligations
Judicial Council of California Civil Jury Instructions (2024 edition)
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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]?
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] know or should [he/she/nonbinary
pronoun/it] have known that the vehicle had been returned to the
manufacturer under [California’s/[name of state]’s] motor vehicle
warranty laws?
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. 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?
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 [name of defendant]’s failure to clearly disclose the defect a
substantial factor in causing harm to [name of plaintiff]?
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. What are [name of plaintiff]’s damages? $
Signed: Presiding Juror
Dated:
After [this verdict form has/all verdict forms have] been signed, notify
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the [clerk/bailiff/court attendant] that you are ready to present your
verdict in the courtroom.
New September 2003; Revised June 2005, December 2010, December 2016
Directions for Use
This verdict form is based on CACI No. 3206, Breach of Disclosure
Obligations - Essential Factual Elements. See CACI No. VF-3201 for additional
questions in the event the plaintiff is claiming consequential damages.
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. 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 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. 3206. Make sure that the “yes” and “no” directions match
appropriately.
Omit question 4 if the plaintiff is not seeking consequential damages.
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.
VF-3207-VF-3299. Reserved for Future Use
SONG-BEVERLY CONSUMER WARRANTY ACT VF-3206
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© Judicial Council of California.
