California Civil Jury Instructions (CACI) (2017)

VF-3409. Tying - Products or Services (Bus. & Prof. Code, § 16727)

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VF-3409.Tying—Products or Services (Bus. & Prof. Code,
§ 16727)
We answer the questions submitted to us as follows:
1. Are [tying item] and [tied product or service] 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 product] only if the buyer also
purchased [tied product or service], or did [name of defendant] sell
[tying product] and require or otherwise coerce buyers [to also
purchase [tied product or service]] [to agree not to purchase [tied
product or service] 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. Does [name of defendant] have sufficient economic power in the
market for [tying product] to coerce at least some consumers into
purchasing [tied product or service]?
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
harm to [name of plaintiff]?
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:
569
0073
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. 3421, Tying-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 alterative grounds are asserted regarding question 3, this question can be
modified according to element 3 of CACI No. 3421.
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-3410–VF-3499. Reserved for Future Use
VF-3409 CARTWRIGHT ACT
570
0074