CACI VF-3305 Loss Leader Sales Claim—Affirmative Defense—Meeting Competition
California Civil Jury Instructions CACI
VF-3305 Loss Leader Sales Claim—Affirmative Defense—Meeting Competition
We answer the questions submitted to us as follows:
1.Did [name of defendant] [offer to sell/sell/offer the use of] [product/service] at prices that were below [his/her/nonbinary pronoun/its] costs?
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.Were the sales of [product/service] made in an attempt, in good faith, to meet the legal prices of a competitor selling the same [product/service] in the ordinary course of business in the same area?
Yes No
If your answer to question 2 is no, then answer question 3. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form.
3.Was [name of defendant]’s purpose to influence, promote, or encourage the purchase of other merchandise from [name of defendant]?
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.Was [name of defendant]’s intent to injure competitors or destroy competition?
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.Was [name of defendant]’s conduct a substantial factor in causing harm to [name of plaintiff]?
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? $
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 December 2010, December 2016
https://crowdsourcelawyers.com/judicial-council-california-civil-jury-instructions-caci
Directions for Use
This verdict form is based on CACI No. 3302, Loss Leader Sales—Essential Factual Elements, and CACI No. 3333, Affirmative Defense to Locality Discrimination, Below Cost Sales, and Loss Leader Sales Claims—Meeting Competition.
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 other grounds of liability are asserted, question 3 can be modified according to the alternative brackets in element 2 of CACI No. 3302. If other affirmative defenses are asserted, this form can be modified accordingly. See other Unfair Practices Act verdict forms for examples.
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.