VF 3200. Failure To Repurchase Or Replace Consumer Good After Repair Opportunities | Pdf Doc Docx | Jury Instructions

 California Jury Instructions   32 Song-Beverly Consumer Warranty Act 
VF 3200. Failure To Repurchase Or Replace Consumer Good After Repair Opportunities | Pdf Doc Docx | Jury Instructions

Last updated: 10/9/2020

VF 3200. Failure To Repurchase Or Replace Consumer Good After Repair Opportunities

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Description

VF-3200. Failure to Repurchase or Replace Consumer Good After Reasonable Number of Repair Opportunities (Civ. Code, § 1793.2(d)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 We answer the questions submitted to us as follows: 1. Did [name of plaintiff] buy [a/an] [consumer good] [from/distributed by/manufactured by] [name of defendant]? ____ Yes ____ No 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] give [name of plaintiff] a warranty? ____ Yes ____ No 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 the [consumer good] fail to perform as represented in the warranty? ____ Yes ____ No 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 [name of defendant] or its authorized repair facility repair the [consumer good] to conform to the [written statement/represented VF-3200. Failure to Purchase or Replace Consumer Good After Reasonable Number of Repair Opportunities (Civ. Code, § 1793.2(d)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 quality] after a reasonable number of opportunities? ____ Yes ____ No If your answer to question 4 is no, then answer question 5. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form. 5. Did [name of defendant] fail to replace the [consumer good] or reimburse [name of plaintiff] the appropriate amount of money? ____ Yes ____ No 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. What amount is [name of plaintiff] entitled to receive as reimbursement for the [consumer good]? Calculate as follows: Determine: Subtract: Subtract: Purchase price of the [consumer good]: Value of use by [name of plaintiff] before [he/she/it] discovered the defect: $ $ The amount, if any, that [name of defendant] previously reimbursed [name of plaintiff] for the [consumer good] $ VF-3200. Failure to Purchase or Replace Consumer Good After Reasonable Number of Repair Opportunities (Civ. Code, § 1793.2(d)) 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 TOTAL $ [7. What amount is plaintiff entitled to recover for [insert item(s) of claimed incidental damages]? Signed: 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. _____________________________________________________________________________ Presiding Juror $ ] New September 2003; Revised June 2005, October 2008, December 2010, December 2011, December 2016

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