3304. Presumptions Concerning Costs Manufacturer

3304. Presumptions Concerning Costs--Manufacturer Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 A manufacturer's costs include the cost of raw materials and the cost of manufacturing. The cost of manufacturing is the average cost of manufacture over a reasonable time, rather than the cost of one item at a particular time. [If [name of defendant]'s cost for raw materials cannot be computed, the cost is presumed to be the prevailing price for similar raw materials at the time and place those materials would usually be purchased.] [If [name of defendant]'s trade or industry has an established cost study or survey for the geographic area in this case, that cost survey may be considered in calculating [name of defendant]'s costs.] [[Name of defendant]'s delivery costs are presumed to be the tariffs set by the California Public Utilities Commission, but this presumption may be overcome by other evidence.] ________________________________________________________________________________ New September 2003