3203. Reasonable Number Of Repair Opportunities - Rebuttable Presumption

3203. Reasonable Number of Repair Opportunities--Rebuttable Presumption (Civ. Code, § 1793.22(b)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 The number of opportunities to make repairs is presumed to be reasonable if [name of plaintiff] proves that within [18 months from delivery of the [new motor vehicle] to [him/her/it]] [or] [the first 18,000 miles] [insert option A, B, and/or C:] [A. 1. The vehicle was made available to [name of defendant] [or its authorized repair facility] for repair of the same substantially impairing defect two or more times; [and] The defect resulted in a condition that was likely to cause death or serious bodily injury if the vehicle were driven; [and] [[Name of plaintiff] directly notified [name of manufacturer] in writing about the need to repair the defect;] [or]] [B. 1. The vehicle was made available to [name of defendant] [or its authorized repair facility] for repair of the same substantially impairing defect four or more times; [and] [[Name of plaintiff] directly notified [name of manufacturer] in writing about the need to repair the defect;] [or]] [C. The vehicle was out of service for repair of substantially impairing defects by [name of defendant] [or its authorized repair facility] for more than 30 days.] 2. 3. 2. 3203. Reasonable Number of Repair Opportunities--Rebuttable Presumption (Civ. Code, § 1793.22(b)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 If [name of plaintiff] has proved these facts, then the number of opportunities to make repairs was reasonable unless [name of defendant] proves that under all the circumstances [name of defendant] [or its authorized repair facility] was not given a reasonable opportunity to repair the defect. [The 30-day limit for repairing defects will be lengthened if [name of defendant] proves that repairs could not be made because of conditions beyond the control of [name of defendant] or its authorized repair facility.] ________________________________________________________________________________ New September 2003; Revised February 2005