VF 3202. Failure To Replace After Repair Opportunities Affirmative Defense Unauthorized-Unreasonable Use

VF-3202. Failure to Repurchase or Replace Consumer Good After Reasonable Number of Repair Opportunities--Affirmative Defense--Unauthorized or Unreasonable Use (Civ. Code, § 1793.2(d)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Judge Request by Defendant Given as Modified Requested by Given on Court's Motion Instruction No 1 We answer the questions submitted to us as follows: 1.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. VF-3202. Failure to Purchase or Replace Consumer Good After Reasonable Number of Repair Opportunities--Affirmative Defense--Unauthorized or Unreasonable Use (Civ. Code, § 1793.2(d)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Judge Request by Defendant Given as Modified Requested by Given on Court's Motion Instruction No 1 4. Was the failure to comply with the warranty caused by unauthorized or unreasonable use of the [consumer good] following its sale? ____ 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] or its authorized repair facility repair the [consumer good] to conform to the [written statement/represented quality] after a reasonable number of opportunities? ____ Yes ____ No If your answer to question 5 is no, then answer question 6. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form. 6. 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 6 is yes, then answer question 7. If you answered no, stop here, answer no further questions, and have the VF-3202. Failure to Purchase or Replace Consumer Good After Reasonable Number of Repair Opportunities--Affirmative Defense--Unauthorized or Unreasonable Use (Civ. Code, § 1793.2(d)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Judge Request by Defendant Given as Modified Requested by Given on Court's Motion Instruction No 1 presiding juror sign and date this form. 7. What amount is [name of plaintiff] entitled to receive as reimbursement for the [consumer good]? Calculate as follows: Determine: Purchase price of the [consumer good]: Subtract: Subtract: 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] $ TOTAL $ [Answer question 8.] [8. Signed: Dated: What amount is [name of plaintiff] entitled to recover for [insert item(s) of claimed incidental damages]? $ ] Presiding Juror VF-3202. Failure to Purchase or Replace Consumer Good After Reasonable Number of Repair Opportunities--Affirmative Defense--Unauthorized or Unreasonable Use (Civ. Code, § 1793.2(d)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Judge Request by Defendant Given as Modified Requested by Given on Court's Motion Instruction No 1 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 June 2005, October 2008, December 2010, December 2011, December 2016