CACI VF-3206 Breach of Disclosure Obligations
California Civil Jury Instructions CACI
VF-3206 Breach of Disclosure Obligations
We answer the questions submitted to us as follows:
1.Did [name of plaintiff] [buy/lease] a [motor vehicle] from [name of defendant]?
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] know or should [he/she/nonbinary pronoun/it] have known that the vehicle had been returned to the manufacturer under [California’s/[name of state]’s] motor vehicle warranty laws?
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.Prior to the [sale/leasing], did [name of defendant] fail to disclose to [name of plaintiff], in clear and simple language, the nature of the defect experienced by the original [buyer/lessee] of the vehicle?
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.Was [name of defendant]’s failure to clearly disclose the defect a substantial factor in causing harm to [name of plaintiff]?
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.What are [name of plaintiff]’s damages? $
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, December 2010, December 2016
Directions for Use
This verdict form is based on CACI No. 3206, Breach of Disclosure Obligations—Essential Factual Elements. See CACI No. VF-3201 for additional questions in the event the plaintiff is claiming consequential damages.
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 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 defendant is a manufacturer, substitute question 2 with a question modeled after the first bracketed option in element 2. Depending on the facts, question 4 can be modified to cover other grounds for breach of the warranty, as in elements 5 and 6 of CACI No. 3206. Make sure that the “yes” and “no” directions match appropriately.
Omit question 4 if the plaintiff is not seeking consequential damages.
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.