CACI VF-3200 Failure to Repurchase or Replace Consumer Good After Reasonable Number of Repair Opportunities (Civ. Code, § 1793.2(d))

California Civil Jury Instructions CACI

VF-3200 Failure to Repurchase or Replace Consumer Good After Reasonable Number of Repair Opportunities (Civ. Code, § 1793.2(d))


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 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: Purchase price of the [consumer good]: $
Subtract: Value of use by [name of plaintiff] before [he/she/nonbinary pronoun/it] discovered the defect: $
Subtract: The amount, if any, that [name of defendant] previously reimbursed [name of plaintiff] for the [consumer good] $
TOTAL $

[7.What amount is plaintiff entitled to recover for [insert item(s) of claimed incidental damages]? $]

Signed:Presiding Juror
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.


New September 2003; Revised June 2005, October 2008, December 2010, December 2011, December 2016


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Directions for Use

This verdict form is based on CACI No. 3200, Failure to Repurchase or Replace Consumer Good After Reasonable Number of Repair Opportunities—Essential Factual Elements, and CACI No. 3240, Reimbursement Damages—Consumer Goods.

The special verdict forms in this section are intended only as models. They may need to be modified depending on the facts of the case.

If the plaintiff was unable to deliver the good, modify question 4 as in element 4 of CACI No. 3200. See CACI No. VF-3201 for additional questions in the event the plaintiff is claiming consequential damages. Question 7 can be used to account for claimed incidental damages included under CACI No. 3242, Incidental Damages.

If there are multiple causes of action, users may wish to combine the individual forms into one form. If different damages are recoverable on different causes of action, replace the damages tables in all of the verdict forms with CACI No. VF-3920, Damages on Multiple Legal Theories.

If the jury is being given the discretion under Civil Code section 3288 to award prejudgment interest (see Bullis v. Security Pac. Nat’l Bank (1978) 21 Cal.3d 801, 814 [148 Cal.Rptr. 22, 582 P.2d 109]), give CACI No. 3935, Prejudgment Interest. This verdict form may need to be augmented for the jury to make any factual findings that are required in order to calculate the amount of prejudgment interest.