California Civil Jury Instructions (CACI) (2017)

VF-3303. Below Cost Sales Claim - Affirmative Defense— Closed-out, Discontinued, Damaged, or Perishable Items

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VF-3303.Below Cost Sales Claim—Affirmative Defense—Closed-
out, Discontinued, Damaged, or Perishable Items
We answer the questions submitted to us as follows:
1. Did [name of defendant] [offer to sell/sell] [product/service] at a
price that was below cost?
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. Were [his/her/its] sales in the course of closing out, in good faith,
all or any part of [his/her/its] supply of [product], in order to
stop trade in [product]?
2. Yes No
2. If your answer to question 2 is yes, then answer question 3. If
you answered no, skip question 3 and answer question 4.
3. Did [name of defendant] give sufficient notice of the sale to the
public?
3. Yes No
3. If your answer to question 3 is no, then answer question 4. If
you answered yes, stop here, answer no further questions, and
have the presiding juror sign and date this form.
4. Was [name of defendant]’s purpose to injure competitors or
destroy competition?
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. Was [name of defendant]’s conduct a substantial factor in causing
harm to [name of plaintiff]?
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.
6. What are [name of plaintiff]’s damages? $
486
0040
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 December 2010, December 2016
Directions for Use
This verdict form is based on CACI No. 3301, Below Cost Sales—Essential
Factual Elements, and CACI No. 3331, Affırmative Defense to Locality
Discrimination, Below Cost Sales, and Loss Leader Sales Claims—Closed-out,
Discontinued, Damaged, or Perishable Items.
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 other grounds for this defense are asserted, question 2 should be modified
according to question 2 in CACI No. 3331. If other affirmative defenses are
asserted, this form can be modified accordingly. See other Unfair Practices Act
verdict forms for examples.
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.
UNFAIR PRACTICES ACT VF-3303
487
0041