3240. Reimbursement Damages Consumer Goods (Civ. Code, §§ 1793.2(d)(1), 1794(b))

3240. Reimbursement Damages--Consumer Goods Instruction No 1 Request by Plaintiff Given as Requested Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 If you decide that [name of defendant] or its representative failed to repair or service the [consumer good] to match the [written warranty/represented quality] after a reasonable number of opportunities, then [name of plaintiff] is entitled to be reimbursed for the purchase price of the [consumer good], less the value of its use by [name of plaintiff] before discovering the defect. [Name of plaintiff] must prove the amount of the purchase price, and [name of defendant] must prove the value of the use of the [consumer good]. ________________________________________________________________________________ New September 2003; Revised December 2011