CACI VF-3307 Secret Rebates Claim—Affirmative Defense—Functional Classifications
California Civil Jury Instructions CACI
VF-3307 Secret Rebates Claim—Affirmative Defense—Functional Classifications
We answer the questions submitted to us as follows:
1.Did [name of defendant] secretly [[give/receive] [payments/rebates/refunds/commissions/unearned discounts]/ [or] [give to some buyers/receive] services or privileges that were not given to other buyers purchasing on like terms and conditions]?
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] create different classes of customers, such as [broker/jobber/wholesaler/retailer/[insert other]]?
Yes No
If your answer to question 2 is yes, then answer question 3. If you answered no, skip questions 3, 4, and 5 and answer question 6.
3.Did customers in the different classes perform different functions and assume the risk, investment, and costs involved?
Yes No
If your answer to question 3 is yes, then answer question 4. If you answered no, skip questions 4 and 5 and answer question 6.
4.Was the difference in [price/rebate/discount/special services/privileges] for [product/service] given only in those sales where the favored buyer performed the function on which the claim of a different class is based?
Yes No
If your answer to question 4 is yes, then answer question 5. If you answered no, skip question 5 and answer question 6.
5.Was the difference in price reasonably related to the value of such function?
Yes No
If your answer to question 5 is no, then answer question 6. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form.
6.Was a competitor harmed?
Yes No
If your answer to question 6 is yes, then answer question 7. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
7.Did the [payment/allowance] have a tendency to destroy competition?
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.Was [name of defendant]’s conduct a substantial factor in causing harm to [name of plaintiff]?
Yes No
If your answer to question 8 is yes, then answer question 9. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.
9.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. 3320, Secret Rebates—Essential Factual Elements, and CACI No. 3332, Affirmative Defense to Locality Discrimination, Below Cost Sales, Loss Leader Sales, and Secret Rebates—Functional Classifications.
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.
Question 6 should be omitted if the plaintiff is a competitor of the defendant, because that issue is covered by question 8.
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.