CACI No. VF-3402. Horizontal Restraints (Use for Direct Competitors) - Allocation of Trade or Commerce - Affirmative Defense - In Pari Delicto
Judicial Council of California Civil Jury Instructions (2025 edition)
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VF-3402.Horizontal Restraints (Use for Direct
Competitors) - Allocation of Trade or Commerce - Affirmative
Defense - In Pari Delicto
We answer the questions submitted to us as follows:
1. Were or are [name of defendant] and [name of alleged
coparticipant] competitors in the same or related markets?
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] and [name of alleged coparticipant] agree
to allocate or divide [customers/territories/products]?
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 [name of plaintiff] and [name of defendant] have substantially
equal economic strength?
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 [name of plaintiff] at least equally responsible for the harmful
conduct as [name of defendant]?
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 [name of plaintiff] compelled by economic pressure to enter
into the agreement?
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. Was [name of defendant]’s conduct a substantial factor in causing
harm to [name of plaintiff]?
6. Yes No
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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. 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].
New September 2003; Revised December 2010, December 2016, May 2024
Directions for Use
This verdict form is based on CACI No. 3401, Horizontal Restraints (Use for Direct
Competitors) - Allocation of Trade or Commerce - Essential Factual Elements, and
CACI No. 3431, Affırmative Defense - In Pari Delicto.
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 the jury is 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-3402 CARTWRIGHT ACT
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