California Civil Jury Instructions (CACI) (2017)

VF-3306. Secret Rebates

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VF-3306.Secret Rebates
We answer the questions submitted to us as follows:
1. Did [name of defendant] secretly [[give/receive] [payments/rebates/
refunds/commissions/unearned discounts]] [or] [[give to some
buyers/receive] services or privileges that were not given to other
buyers purchasing on like terms and conditions]?
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. Was a competitor harmed?
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 [payment/allowance] have a tendency to destroy
competition?
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 conduct a substantial factor in causing
[name of plaintiff]’s harm?
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
the [clerk/bailiff/court attendant] that you are ready to present your
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verdict in the courtroom.
New September 2003; Revised December 2010, December 2016
Directions for Use
This verdict form is based on CACI No. 3320, Secret Rebates—Essential Factual
Elements.
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.
Question 2 should be omitted if the plaintiff is a competitor of the defendant,
because that issue is covered by question 4.
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-3306
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