3200. Failure To Repurchase Or Replace Consumer Good After Repair Opportunities

3200. Failure to Repurchase or Replace Consumer Good After Reasonable Number of Repair Opportunities--Essential Factual Elements (Civ. Code, § 1793.2(d)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [he/she] was harmed by [name of defendant]'s failure to repurchase or replace a[n] [consumer good] after a reasonable number or repair opportunities. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of plaintiff] bought a[n] [consumer good] [from/distributed by/manufactured by] [name of defendant]; 2. That [name of defendant] gave [name of plaintiff] a warranty by [insert at least one of the following:] [making a written statement that [describe alleged express warranty];] [or] [showing [him/her] a sample or model of the [consumer good] and representing, by words or conduct, that [his/her] [consumer good] would match the quality of the sample or model;] 3. That the [consumer good] [insert at least one of the following:] [did not perform as stated for the time specified;] [or] [did not match the quality [of the [sample/model]] [or] [as set forth in the written statement];] 4. [That [name of plaintiff] delivered the [consumer good] to [name of defendant] or its authorized repair facilities for repair;] [or] 3200. Failure to Purchase or Replace Consumer Good After Reasonable Number of Repair Opportunities--Essential Factual Elements (Civ. Code, § 1793.2(d)) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [That [name of plaintiff] notified [name of defendant] in writing of the need for repair because [he/she] reasonably could not deliver the [consumer good] to [name of defendant] or its authorized repair facilities because of the [size and weight/method of attachment/method of installation] [or] [the nature of the defect] of the [consumer good]]; [and] 5. That [name of defendant] or its representative failed to repair the [consumer good] to match the [written statement/represented quality] after a reasonable number of opportunities; [and] 6. [That [name of defendant] did not replace the [consumer good] or reimburse [name of plaintiff] an amount of money equal to the purchase price of the [consumer good], less the value of its use by [name of plaintiff] before discovering the defect[s].] [A written statement need not include the words "warranty" or "guarantee," but if those words are used, a warranty is created. It is also not necessary for [name of defendant] to have specifically intended to create a warranty. A warranty is not created if [name of defendant] simply stated the value of the [consumer good] or gave an opinion about the [consumer good]. General statements concerning customer satisfaction do not create a warranty.] ________________________________________________________________________________ New September 2003; Revised April 2007, December 2007, December 2011