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ALAMEDA COUNTY
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2010
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NOV 17
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CLERK 0 SUPERIOR, COURT
To
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SUPERIOR COURT OF CALIFORNIA
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COUNTY OF ALAMEDA
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HEIDI OATIS, Case No. HG08-425849
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Plaintiff, JUDGMENT ON VERDICT IN JURY
WD
TRIAL
VS.
DN FPF
A PERFECT DAY FRANCHISE, INC., et. al,
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Defendants.
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DOD Oo
This action came on regularly for trial on October 25, 2010, in Department 25 of the
Superior Court, the Honorable Ronni B. MacLaren presiding. Brian K. Ross appeared as
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attorney for plaintiff HEIDI OATIS (“OATIS”) and Lee Sheldon and Richard Wahng appeared
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as attorneys for defendant A PERFECT DAY FRANCHISE, INC. (“APD”).
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A jury of 12 persons was impaneled and sworn. Witnesses were sworn and testified.
FP
NO
NO
After hearing the evidence and the arguments of counsel, the jury was instructed by the Court
NH
and retired to consider itsverdict.
DN
NO
NSN
After returning into Court and being called, the jurors rendered their verdict in favor of
NYO
defendant A PERFECT DAY FRANCHISE, INC. and against plaintiff HEIDI OATIS,
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NO
JUDGMENT Case No. HG08-425849
specifically finding that the plaintiff was not sexually assaulted by Hemant Gu on November 17,
2007. A copy of tHe. Verdict is attached hereto as Exit A.
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DATED: November |¥ 2010
The Hon. Ronni B. MacLaren
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Judge of the Superior Court
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JUDGMENT Case No. HG08-425849
VERDICT FORM ALAMEDA GOuRe
We answer the questions submitted as follows:
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1. Was Heid Oatis sexually assaulted on November 17, 20077 CLERK 0 / ,
WY
DB Yes A No By
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If your answer to question 1 is yes, then answer question 2. If you answered
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answer no further questions, and have the presiding juror sign and date this form.
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2. Was A Perfect Day Spa negligent inthe hiring, retention or supervision of Hemant Gu?
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Yes No
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If your answer to question 2 is yes, then answer question 3. If you answered no, stop here,
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answer no further questions, and have the presiding juror sign and date this form.
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3. Was A Perfect Day Spa’s negligence a substantial factor in causing the harm to Heidi Oatis?
Yes No
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If your answer to question 3 is yes, then answer question 4. If you answered no, stop here,
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answer no further questions, and have the presiding juror sign and date this form.
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4. Was Hemant Gu atfault?
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Yes No
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If your question 4 is yes, then answer question 5. If you answered no, then answer question 6.
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5, Was Hemant Gu’s fault a substantial factor in causing harm to Heidi Oatis?
Yes No
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6. What are Heidi Oatis’ total damages? Do not reduce the damages based on the fault,if any, of
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Heidi Oatis or others.
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Lost earnings $
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Noneconomic loss, including physical pain/mental suffering $
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TOTAL $
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If Heidi Oatis has proved any damages, then answer question 7. IfHeidi Oatis has not proved
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any damages, then stop here, answer no further questions, and have the presiding juror sign and
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NO
date this form.
7. Was Heidi Oatis negligent?
Yes No
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If your answer to question 7 is yes, then answer question 8. If you answered no, insert the
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number zero next to Heidi Oatis’ name in question 9 and answer question 9.
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8. Was Heidi Oatis’ negligence a substantial factor in causing her harm?
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Yes No
If your answer to question 8 is yes, then answer question 9. If you answered no, insert the
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number zero next to Heidi Oatis’ name in question 9 and answer question 9.
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9, What percentage of responsibility for Heidi Oatis’ harm do you assign to the following? Insert
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y answers in questions 3, 5,or 8:
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Hemant Gu %
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A Perfect Day Spa %
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Heidi Oatis %
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Case Title: Oatis vs. A Perfect Day, Inc., et al
Case No. HG08425849
CLERK’S CERTIFICATE OF MAILING
I certify that the following is true and correct:
I am a Deputy Clerk employed by the Alameda County Superior Court. Iam over the age of 18 years.
My business address is 1221 Oak Street, Oakland, California. Iserved JUDGMENT AFTER JURY
TRIAL by placing copies in envelopes addressed as shown below and then by sealing and placing
them for collection, stamping or metering with prepaid postage, and mailing on the date stated
below, in the United States mail at Alameda County, California, following standard court practices.
Lee E. Sheldon, Esq.
152 Anza St., Suite 201
Fremont, CA 94539
Brian K. Ross, Esq.
David Cutler, Esq.
1124 East 14" St., Suite B
San Leandro, CA 94577
Dated: November 19, 2010 Executive Officer, Clerk of the Superior Court
By:
Triniflad epan, Deputy Clerk
=
Preview
inn LED LPO ALAMEDA COUNTY YD 2010 Be NOV 17 OW CLERK 0 SUPERIOR, COURT To DWN SN Oo SUPERIOR COURT OF CALIFORNIA Oo COUNTY OF ALAMEDA OS HEIDI OATIS, Case No. HG08-425849 KF eee HNO Plaintiff, JUDGMENT ON VERDICT IN JURY WD TRIAL VS. DN FPF A PERFECT DAY FRANCHISE, INC., et. al, INI Defendants. oH RO DOD Oo This action came on regularly for trial on October 25, 2010, in Department 25 of the Superior Court, the Honorable Ronni B. MacLaren presiding. Brian K. Ross appeared as |Y§ RO ROD attorney for plaintiff HEIDI OATIS (“OATIS”) and Lee Sheldon and Richard Wahng appeared NY as attorneys for defendant A PERFECT DAY FRANCHISE, INC. (“APD”). WD DD A jury of 12 persons was impaneled and sworn. Witnesses were sworn and testified. FP NO NO After hearing the evidence and the arguments of counsel, the jury was instructed by the Court NH and retired to consider itsverdict. DN NO NSN After returning into Court and being called, the jurors rendered their verdict in favor of NYO defendant A PERFECT DAY FRANCHISE, INC. and against plaintiff HEIDI OATIS, ao NO JUDGMENT Case No. HG08-425849 specifically finding that the plaintiff was not sexually assaulted by Hemant Gu on November 17, 2007. A copy of tHe. Verdict is attached hereto as Exit A. HO WY FP Wn DB nN Ba DATED: November |¥ 2010 The Hon. Ronni B. MacLaren oOo Judge of the Superior Court a) eee a eee \O SE eee O° ©) © > Om © © © RO NO SS NRO KO KN KO 2 NO © NO es BO [oo JUDGMENT Case No. HG08-425849 VERDICT FORM ALAMEDA GOuRe We answer the questions submitted as follows: NYO Leng 9 1. Was Heid Oatis sexually assaulted on November 17, 20077 CLERK 0 / , WY DB Yes A No By FP If your answer to question 1 is yes, then answer question 2. If you answered OH answer no further questions, and have the presiding juror sign and date this form. ND 2. Was A Perfect Day Spa negligent inthe hiring, retention or supervision of Hemant Gu? Oo Yes No oS If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, ee OO answer no further questions, and have the presiding juror sign and date this form. YY el HNO 3. Was A Perfect Day Spa’s negligence a substantial factor in causing the harm to Heidi Oatis? Yes No WW If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, BP mm answer no further questions, and have the presiding juror sign and date this form. A DB mm 4. Was Hemant Gu atfault? “I Yes No BH If your question 4 is yes, then answer question 5. If you answered no, then answer question 6. OO Dm DOD 5, Was Hemant Gu’s fault a substantial factor in causing harm to Heidi Oatis? Yes No —-§ RO NY NHN 6. What are Heidi Oatis’ total damages? Do not reduce the damages based on the fault,if any, of WD KN Heidi Oatis or others. FP HN Lost earnings $ NO Noneconomic loss, including physical pain/mental suffering $ A TOTAL $ BN VP If Heidi Oatis has proved any damages, then answer question 7. IfHeidi Oatis has not proved ss NO any damages, then stop here, answer no further questions, and have the presiding juror sign and oo NO date this form. 7. Was Heidi Oatis negligent? Yes No YY If your answer to question 7 is yes, then answer question 8. If you answered no, insert the WY number zero next to Heidi Oatis’ name in question 9 and answer question 9. SR AW 8. Was Heidi Oatis’ negligence a substantial factor in causing her harm? DH Yes No If your answer to question 8 is yes, then answer question 9. If you answered no, insert the S number zero next to Heidi Oatis’ name in question 9 and answer question 9. CO Ob 9, What percentage of responsibility for Heidi Oatis’ harm do you assign to the following? Insert oO ee a P percentage for only ythose who received “yes” y answers in questions 3, 5,or 8: — Hemant Gu % YO A Perfect Day Spa % ee Ww Heidi Oatis % FB mH \H eK DA 1 wm OH mm ODO Rw OD NN HO! HNO NO WH BP NO OH PO vo “BN wo Oo NO Case Title: Oatis vs. A Perfect Day, Inc., et al Case No. HG08425849 CLERK’S CERTIFICATE OF MAILING I certify that the following is true and correct: I am a Deputy Clerk employed by the Alameda County Superior Court. Iam over the age of 18 years. My business address is 1221 Oak Street, Oakland, California. Iserved JUDGMENT AFTER JURY TRIAL by placing copies in envelopes addressed as shown below and then by sealing and placing them for collection, stamping or metering with prepaid postage, and mailing on the date stated below, in the United States mail at Alameda County, California, following standard court practices. Lee E. Sheldon, Esq. 152 Anza St., Suite 201 Fremont, CA 94539 Brian K. Ross, Esq. David Cutler, Esq. 1124 East 14" St., Suite B San Leandro, CA 94577 Dated: November 19, 2010 Executive Officer, Clerk of the Superior Court By: Triniflad epan, Deputy Clerk =