California Civil Jury Instructions (CACI) (2017)

VF-3305. Loss Leader Sales Claim - Affirmative Defense of Meeting Competition

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VF-3305.Loss Leader Sales Claim—Affirmative
Defense—Meeting Competition
We answer the questions submitted to us as follows:
1. Did [name of defendant] [offer to sell/sell/offer the use of] [product/
service] at prices that were below [his/her/its] costs?
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 the sales of [product/service] made in an attempt, in good
faith, to meet the legal prices of a competitor selling the same
[product/service] in the ordinary course of business in the same
area?
2. Yes No
2. If your answer to question 2 is no, then answer question 3. If
you answered yes, stop here, answer no further questions, and
have the presiding juror sign and date this form.
3. Was [name of defendant]’s purpose to influence, promote, or
encourage the purchase of other merchandise from [name of
defendant]?
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 intent 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.
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6. What are [name of plaintiff]’s 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 December 2010, December 2016
Directions for Use
This verdict form is based on CACI No. 3302, Loss Leader Sales—Essential
Factual Elements, and CACI No. 3333, Affırmative Defense to Locality
Discrimination, Below Cost Sales, and Loss Leader Sales Claims—Meeting
Competition.
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 of liability are asserted, question 3 can be modified according to
the alternative brackets in element 2 of CACI No. 3302. 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-3305
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