3305. Presumptions Concerning Costs Distributor

3305. Presumptions Concerning Costs--Distributor Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 A distributor's costs include the cost of the product being distributed and the cost of doing business as a distributor. The cost of the product being distributed is the amount [name of defendant] paid for the product or [his/her/its] cost of replacing the product, whichever is less. [Name of defendant]'s cost of doing business as a distributor is the average cost of distribution over a reasonable time, rather than the cost of distributing one item at a particular time. [If [name of defendant]'s trade or industry has an established cost study or survey for the geographic area in this case, that cost survey may be considered in calculating [name of defendant]'s costs.] [If there is no other proof of the cost of doing business, a markup of six percent on the invoice or replacement cost of an article or product is presumed to be [name of defendant]'s additional cost of doing business.] [[Name of defendant]'s delivery costs are presumed to be the tariffs set by the California Public Utilities Commission, but this presumption may be overcome by other evidence.] ________________________________________________________________________________ New September 2003