CACI No. 4700

Elements (Civ. Code, § 1770)

[Name of plaintiff] claims that [name of defendant] engaged in unfair

methods of competition and unfair or deceptive acts or practices in a

transaction that resulted, or was intended to result, in the sale or lease of

goods or services to a consumer, and that [name of plaintiff] was harmed

by [name of defendant]’s violation. To establish this claim, [name of

plaintiff] must prove all of the following:

1. That [name of plaintiff] acquired, or sought to acquire, by

purchase or lease, [specify product or service] for personal, family,

or household purposes;

2. That [name of defendant] [specify one or more prohibited practices

from Civ. Code, § 1770(a), e.g., represented that [product or service]

had characteristics, uses, or benefits that it did not have];

3. That [name of plaintiff] was harmed; and

4. That [name of plaintiff]’s harm resulted from [name of defendant]’s

conduct.

[[Name of plaintiff]’s harm resulted from [name of defendant]’s conduct if

[name of plaintiff] relied on [name of defendant]’s representation. To prove

reliance, [name of plaintiff] need only prove that the representation was a

substantial factor in [his/her/ nonbinary pronoun] decision.

[He/She/Nonbinary pronoun] does not need to prove that it was the

primary factor or the only factor in the decision.

If [name of defendant]’s representation of fact was material, reliance may

be inferred. A fact is material if a reasonable consumer would consider it

important in deciding whether to buy or lease the [goods/services].]

New November 2017