California Civil Jury Instructions (CACI) (2017)

VF-3408. Tying - Real Estate, Products, or Services (Bus. & Prof. Code, § 16720)

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VF-3408.Tying—Real Estate, Products, or Services (Bus. & Prof.
Code, § 16720)
We answer the questions submitted to us as follows:
1. Are [tying item] and [tied item] separate and distinct?
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] sell [tying item] only if the buyer also
purchased [tied item], or did [name of defendant] sell [tying item]
and require or otherwise coerce buyers to [also purchase [tied
item]] [agree not to purchase [tied item] from any other
supplier]?
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 defendant] have sufficient economic power in the
market for [tying item] to coerce at least some buyers of [tying
item] into [purchasing [tied item]] [agreeing not to purchase [tied
item] from a competitor of [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. Did the conduct involve a substantial amount of sales, in terms
of the total dollar value of [tied product or service]?
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
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have the presiding juror sign and date this form.
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. 3420, Tying—Real Estate, Products, or
Services—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.
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-3408 CARTWRIGHT ACT
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