California Civil Jury Instructions (CACI) (2017)

VF-3307. Secret Rebates Claim - Affirmative Defense of Functional Classifications

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VF-3307.Secret Rebates Claim—Affirmative Defense—Functional
Classifications
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. Did [name of defendant] create different classes of customers, such
as [broker/jobber/wholesaler/retailer/[insert other]]?
2. Yes No
2. If your answer to question 2 is yes, then answer question 3. If
you answered no, skip questions 3, 4, and 5 and answer question
6.
3. Did customers in the different classes perform different functions
and assume the risk, investment, and costs involved?
3. Yes No
3. If your answer to question 3 is yes, then answer question 4. If
you answered no, skip questions 4 and 5 and answer question 6.
4. Was the difference in [price/rebate/discount/special
services/privileges] for [product/service] given only in those sales
where the favored buyer performed the function on which the
claim of a different class is based?
4. Yes No
4. If your answer to question 4 is yes, then answer question 5. If
you answered no, skip question 5 and answer question 6.
5. Was the difference in price reasonably related to the value of
such function?
5. Yes No
5. If your answer to question 5 is no, then answer question 6. If
you answered yes, stop here, answer no further questions, and
have the presiding juror sign and date this form.
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6. Was a competitor harmed?
6. Yes No
6. If your answer to question 6 is yes, then answer question 7. If
you answered no, stop here, answer no further questions, and
have the presiding juror sign and date this form.
7. Did the [payment/allowance] have a tendency to destroy
competition?
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. Was [name of defendant]’s conduct a substantial factor in causing
harm to [name of plaintiff]?
8. Yes No
8. If your answer to question 8 is yes, then answer question 9. If
you answered no, stop here, answer no further questions, and
have the presiding juror sign and date this form.
9. 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. 3320, Secret Rebates—Essential Factual
Elements, and CACI No. 3332, Affırmative Defense to Locality Discrimination,
Below Cost Sales, Loss Leader Sales, and Secret Rebates—Functional
Classifications.
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 6 should be omitted if the plaintiff is a competitor of the defendant,
because that issue is covered by question 8.
If other affirmative defenses are asserted, this form can be modified accordingly.
UNFAIR PRACTICES ACT VF-3307
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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.
VF-3308–VF-3399. Reserved for Future Use
VF-3307 UNFAIR PRACTICES ACT
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