CACI VF-3203 Breach of Express Warranty—New Motor Vehicle—Civil Penalty Sought

California Civil Jury Instructions CACI

VF-3203 Breach of Express Warranty—New Motor Vehicle—Civil Penalty Sought


We answer the questions submitted to us as follows:

1.Did [name of plaintiff] [buy/lease] [a/an] [new motor vehicle] [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 written 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 vehicle have a defect covered by the warranty that substantially impaired the vehicle’s use, value, or safety to a reasonable [buyer/lessee] in [name of plaintiff]’s situation?

 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 fail to repair the vehicle to match the written warranty after a reasonable number of opportunities to do so?

 Yes   No

If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

5.Did [name of defendant] fail to promptly replace or repurchase the vehicle?

 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 are [name of plaintiff]’s damages? Calculate as follows:

Add the following amounts:

a.The purchase price of the vehicle
itself: $

b.Charges for transportation and manufacturer-
installed options: $

c.Finance charges actually paid by [name
of plaintiff
]: $

d.Sales tax, license fees, registration fees,
and other official fees: $

e.Incidental and consequential
damages: $

[SUBTOTAL/TOTAL DAMAGES:] $

[Calculate the value of the use of the vehicle before it was [brought in/submitted] for repair as follows:

1.Add dollar amounts listed in lines a
and b above: $

2.Multiply the result in step 1 by the
number of miles the vehicle was driven
before it was [brought in/submitted]
for repair: $

3.Divide the dollar amount in step 2 by
120,000 and insert result in VALUE
OF USE below:

VALUE OF USE: $

Subtract the VALUE OF USE from the SUBTOTAL above and insert result in TOTAL DAMAGES below:

TOTAL DAMAGES: $]

[What is the number of miles that the vehicle was driven between the time when [name of plaintiff] took possession of the vehicle and the time when [he/she/nonbinary pronoun/it] first delivered the vehicle to [name of defendant] or its authorized repair facility to fix the problem?

Answer:  miles]

Answer question 7.

7.Did [name of defendant] willfully fail to repurchase or replace the [new motor vehicle]?

 Yes   No

If your answer to question 7 is yes, then answer question 8. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

8.What amount, if any, do you impose as a penalty? [You may not exceed two times the “TOTAL DAMAGES” that you entered in question 6.] $

PENALTY: $

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 February 2005, June 2005, December 2005, February 2007, December 2010


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Directions for Use

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. Items of damages that do not apply to the facts of the case may be omitted.

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.

This verdict form is based on CACI No. 3201, Failure to Promptly Repurchase or Replace New Motor Vehicle After Reasonable Number of Repair Opportunities—Essential Factual Elements, CACI No. 3241, Restitution From Manufacturer—New Motor Vehicle, and CACI No. 3244, Civil Penalty—Willful Violation. See CACI No. VF-3201 for additional questions in the event the plaintiff is claiming consequential damages.

If plaintiff was unable to deliver the vehicle, modify question 4 as in element 4 of CACI No. 3201. In question number 6, users have the option of either allowing the jury to calculate the deduction for value of use or asking the jury for the relevant mileage number only. The bracketed sentence in question 8 is intended to be given only if the jury has been asked to calculate the deduction for value of use.