3206. Breach of Disclosure Obligations Essential Factual Elements

3206. Breach of Disclosure Obligations--Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Judge Request by Defendant Given as Modified Requested by Given on Court's Motion Instruction No 1 [Name of plaintiff] claims that [name of defendant] violated California's motor vehicle warranty laws. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. That [name of plaintiff] [bought/leased] a [motor vehicle] from [name of defendant]; [That the vehicle was returned by a previous [buyer/lessee] to [name of manufacturer] under [California/[name of state]]'s motor vehicle warranty laws; and] [or] [That [name of defendant] knew or should have known that the vehicle had been returned to the manufacturer under [California/[name of state]]'s motor vehicle warranty laws; and] 3. [That before the [sale/leasing], [name of defendant] failed to tell [name of plaintiff], in clear and simple language, about the nature of the defect experienced by the original [buyer/lessee] of the vehicle; [or]] [That before the [sale/leasing] to [name of plaintiff], the defect experienced by the vehicle's original [buyer/lessee] was not fixed; [or]] [That [name of defendant] did not provide a written warranty to [name of plaintiff] that the vehicle would be free for one year of the defect experienced by the vehicle's original [buyer/lessee].] ________________________________________________________________________________ New September 2003; Revised June 2011; Renumbered from CACI No. 3230 June 2012