Does a jury have to re-deliberate an instruction of restitution for breach of warranty under section 619.19 of the California Code of Civil Procedure?
California, United States of America
The following excerpt is from Poulose v. Ford Motor Co., B281693 (Cal. App. 2018):
As discussed above, we do not find the verdict was insufficient or against the law. Plaintiff asserted CACI No. 3241 as written was a correct instruction of restitution for the breach of implied warranty. The jury was instructed to "follow these instructions," pursuant to CACI No. 5000. We assume the jury followed the instructions. (Gray v. Wagner (1969) 272 Cal.App.2d 671, 672.) Thus, we do not find the trial court abused its discretion by refusing to send the jury to re-deliberate under Code of Civil Procedure section 619.
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