CACI No. 4710. Consumers Legal Remedies Act - Affirmative Defense - Bona Fide Error and Correction (Civ. Code, § 1784)

Judicial Council of California Civil Jury Instructions (2020 edition)

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4710.Consumers Legal Remedies Act - Affirmative
Defense - Bona Fide Error and Correction (Civ. Code, § 1784)
[Name of defendant] is not responsible for damages to [name of plaintiff] if
[name of defendant] proves both of the following:
1. The violation[s] alleged by [name of plaintiff] [was/were] not
intentional and resulted from a bona fide error even though
[name of defendant] used reasonable procedures adopted to avoid
any such error; and
2. Within 30 days of receiving [name of plaintiff]’s notice of violation,
[name of defendant] made, or agreed to make within a reasonable
time, an appropriate correction, repair, replacement, or other
remedy of the [specify product or service].
New November 2017
Directions for Use
Different correction requirements apply to class actions. (See Civ. Code, § 1782(c).)
Sources and Authority
• Consumers Legal Remedies Act: Defenses. Civil Code section 1784.
• “Damages are not awardable under the CLRA if the defendant proves its
violation was not intentional and resulted from a bona fide error despite
reasonable procedures to avoid such an error, and remedies the violating goods
or services.” (Lunada Biomedical v. Nunez (2014) 230 Cal.App.4th 459, 471
[178 Cal.Rptr.3d 784].)
• “[Defendants] also contend [plaintiff] cannot avoid the safe harbor provided for a
reasonable correction offer under the CLRA by recasting her claim as a violation
of the UCL. This is incorrect. [Plaintiff]’s UCL claim was based directly on
evidence of fraudulent advertising practices and was not dependent on finding an
underlying violation of the CLRA. The CLRA expressly states that the effect of
a reasonable correction offer is to prevent the consumer from maintaining an
action for damages under Civil Code section 1780, but the remedies of the
CLRA are cumulative and the consumer may assert other common law or
statutory causes of action under the procedures and with the remedies provided
for in those laws.” (Flores v. Southcoast Automotive Liquidators, Inc. (2017) 17
Cal.App.5th 841, 852 [226 Cal.Rptr.3d 12].)
Secondary Sources
4 Witkin, Summary of California Law (11th ed. 2017) Sales, § 298 et seq.
Wiseman & Reese, California Practice Guide: Civil Procedure Before Trial Claims
& Defenses, Ch. 14(II)-C, Consumers Legal Remedies Act - Particular Defenses,
1338
Copyright Judicial Council of California
¶¶ 14:321 to 14:505 (The Rutter Group)
44 California Forms of Pleading and Practice, Ch. 504, Sales: Consumers Legal
Remedies Act, § 504.40 (Matthew Bender)
20 California Points and Authorities, Ch. 206, Sales, § 206.37 (Matthew Bender)
1 Matthew Bender Practice Guide: California Contract Litigation, Ch. 10, Seeking or
Opposing Statutory Remedies in Contract Actions, 10.05
4711-4799. Reserved for Future Use
CONSUMERS LEGAL REMEDIES ACT CACI No. 4710
1339
Copyright Judicial Council of California

© Judicial Council of California.