3300. Locality Discrimination Essential Factual Elements

3300. Locality Discrimination--Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] engaged in unlawful locality discrimination. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] [offered to sell/sold/furnished] [product/service] at a lower price in one [location/section/community/city] in California than in another [location/section/community/city] in California; That [name of defendant] intended to destroy competition from an established dealer [or to prevent competition from any person who in good faith intended and attempted to become such a dealer]; That [name of plaintiff] was harmed; and That [name of defendant]'s conduct was a substantial factor in causing [name of plaintiff]'s harm. 2. 3. 4. ________________________________________________________________________________ New September 2003