CACI 3240 Reimbursement Damages—Consumer Goods (Civ. Code, §§ 1793.2(d)(1), 1794(b))
California Civil Jury Instructions CACI
3240 Reimbursement Damages—Consumer Goods (Civ. Code, §§ 1793.2(d)(1), 1794(b))
If you decide that [name of defendant] or its representative failed to repair or service the [consumer good] to match the [written warranty/represented quality] after a reasonable number of opportunities, then [name of plaintiff] is entitled to be reimbursed for the purchase price of the [consumer good], less the value of its use by [name of plaintiff] before discovering the defect.
[Name of plaintiff] must prove the amount of the purchase price, and [name of defendant] must prove the value of the use of the [consumer good].
New September 2003; Revised December 2011
Directions for Use
This instruction is intended for use with claims involving consumer goods under the Song-Beverly Consumer Warranty Act. The remedy is replacement of the goods or reimbursement measured by the purchase price minus the value of the plaintiff’s use before discovery of the defect. (Civ. Code, § 1793.2(d)(1).) For claims involving new motor vehicles, see CACI No. 3241, Restitution From Manufacturer—New Motor Vehicle.
The basic measure of damages provided for in the Song-Beverly Act for all claims is replacement or reimbursement plus additional remedies provided by the California Uniform Commercial Code. (Civ. Code, § 1794(b); see Cal. U. Com. Code, §§ 2711–2715.) The remedies for consumer goods are also available for implied-warranty claims. (See Civ. Code, § 1791.1(d).) The first paragraph of this instruction can be modified if it is being used for claims other than those brought under Civil Code section 1793.2(d)(1). See also CACI No. 3242, Incidental Damages, and CACI No. 3243, Consequential Damages.
Sources and Authority
•Replacement or Reimbursement After Reasonable Number of Repair Attempts. Civil Code section 1793.2(d)(1).
•California Uniform Commercial Code Remedies Available. Civil Code section 1794(b).
•California Uniform Commercial Code Remedies for Breach of Implied Warranty. Civil Code section 1791.1(d).
•“The clear mandate of section 1794 … is that the compensatory damages recoverable for breach of the [Song-Beverly Consumer Warranty] Act are those available to a buyer for a seller’s breach of a sales contract.” (Kwan v. Mercedes-Benz of N. Am. (1994) 23 Cal.App.4th 174, 188 [28 Cal.Rptr.2d 371].)
•“[I]n the usual situation, emotional distress damages are not recoverable under the Song-Beverly Consumer Warranty Act.” (Music Acceptance Corp. v. Lofing (1995) 32 Cal.App.4th 610, 625, fn. 15 [39 Cal.Rptr.2d 159]); see also Kwan, supra, 23 Cal.App.4th at pp. 187–192.)