Preview
o FILE
oUCPSRIOR (g'OURT OI CALIFORNIA
UNTY SANTA BARBARA
SEP 02 2015
Dam! E. Punter. Executiveomccr
av ‘ ~
I e.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY ()F SANTA BARBARA
ANACAI’A DIVISION
10
l’A'fSY MOLER, ) Case No. I4] 7847
11 )
Plaintiff, )
12 )
v. )
13 ) SPECIAL VERDICT FORM N0. 1
Chris Hulme, individually and dba )
14 Clearview Industries. Inc., Jennifer Hulme, )
individually and dba Clearview Industries, )
15 DOES through inclusive
Ine., and 1 10. )
Defendants. )
16
_ _ . )
17
And RelatedCross—Aetions )
18
We thejury in the above entitled action, find the following special verdict on the following
19
questions submitted to us:
20
21 I. Did Patsy Moler enter into a contract with any defendant?
22
_X_Yes_No
23
If your answer to question l is yes, then answer question 2. If you answered no, then answer
24 question 12.
25
2. Which ofthe defendant(s) entered into a contract with Patsy Moler?
26
27
Clearview Industries, lne. L Yes ___ N0
28
Chris Hulme _____ _ Yes X No
Jennifer Hulme Yes X_ No
Answer question 3.
3. Were the contract terms clear enough so that the parties could understand what each
was required to do?
X Yes No
ll‘ your answer to question 3 is yes. then answer question 4. If you answered no, then answer
question 12.
4. Did the parties agree to give each other something of value'.’
10
_X_Yes_No
11
Answer question 5.
12
13
5. Did the parties agree to the terms ot'the contract?
14
15
_X_ Yes _ No
16
If your answer to question 5 is yes, then answer question 6. If you answered no, then answer
question 12.
17
6. Did Patsy Moler do all. or substantially all, ofthe significant things that the contract
18 required her to do?
19
"X Yes _
No
20
If your answer to question 6 is yes. then answer question 8. lfyou answered no, then answer
21 question 7.
22
23 7. Was Patsy Moler excused from having to do all, or substantially all,ofthe
significant things that the contract required her to do?
N/I’t
24
25
26
Answer question 8.
27
28
8. Did any defendant fail to do something that the contract required him/her/it to do or
do something that the contract prohibited him/her/it from doing'.>
A Yes _ No
If your answer to question 8 is yes, then answer question 9. It' you answered no, then answer
question 12.
9. Which ofthe defendant(s) failed to perform something that the contract required or
did something that the contract prohibited him/her/it from doing?
Clearview Industries, Inc. _2§ Yes __> No
Chris Hulme Yes x No
10
Jennifer Hulme Yes g No
11
12 10. Was Patsy Moler harmed by any defendants” breach ofeontract?
13
14
A Yes *__ No
Ifyour answer to question 10 isyes, then answer question 11. Ifyou answered no, then
15 answer question 12.
16
11. What are Patsy Moler’s damages?
17
,
18
a. Past economic loss:
$ M187—
19
b. Future economic loss: ./‘
20 s t) 000. 00
21
22
23
Answer question 12.
Tom asafl
12. Did any defendant make a false representation to Patsy Moler?
24
25 A Yes ___ No
26 Ifyour answer to question 12 isyes, then answer question 13. If you answered no, then
answer question 18.
27
28
13. Which of the defendant(s) made a false representation(s) to Patsy Moler?
Clean'iewlndustrieae. ”x; Yes __ __
No'
Chris Hulme l_ Yes 1%?
Jenniferllulme _ Yes _)g_ No
Answer question 14.
14. Did the defendant(s) who made the representation(s) know the representation(s)
was/were false or make the representation(s) recklessly and without regard for its truth?
A Yes _‘_ No
lfyour answer to question 14 is yes, then answer question 15. lfyou answered no, then
answer question 18.
1O
11
15. Did the defendant(s) that made the representation(s) intend that l’atsy Moler rely on
12 the representation(s)?
13
14
X_ Yes _ No
lfyour answer to question 15 isyes, then answer question 16. If you answered no, then
15 answer question 18.
16
17
16. Did l’atsy Moler reasonably rely on the representation(s)?
18
19 L Yes __ No
20 lfyour answer to question 16 is yes, then answer question 17. If you answered no, then
answer question l8.
21
22
17. Was Patsy Moler’s reliance on any defendant’s representation(s) a substantial factor
23 in causing harm to Patsy Moler?
24
25
L Yes _No
Answer question 18‘
26
27 Did defendant intentionally fail to disclose facts that Patsy Moler did not know
18. any
and could not reasonably have discovered?
28
i Yes
answer question 23.
_ No
lfyour answer to question 18 is yes, then answer question 19. lfyou answered no, then
19. Which of the del'endant(s) intentionally failed to disclose facts that Patsy Moler did
not know and could not reasonably have discovered?
Clearview Industries. Inc. x Yes No
Chris Hulme & Yes g
. W No
Jennifer Hulme Yes _Z<~_ No
10
Answer question 20.
11
12 2O . Did the dclendant(s) intend to deceive Patsy Moler by concealing the fact(s)’?
13
14
_X_ Yes _ No
lfyour answer to question 20 is yes, then answer question 21. lfyou answered no, then
15 answer question 23.
16
17 21. Had the omitted information been disclosed, would Patsy Molcr reasonably have
behaved differently?
18
19
_X;_Yes_No
20
11‘your answer to question 21 is yes, then answer question 22‘ If you answered no, then
answer question 23.
21
22
22‘ Was any defendant’s concealment a substantial factor in causing harm to Patsy Molcr?
23
24
_X_ c __ No
25
lfeither your answer to question 17 or question 22 is yes, then answer question 23. lfyou
answered both question 17 and question 22 no, then answer question 24.
26
27
2} It'either your answer to question 17 or question 22 is yes, then answer this question.
28 lfyou answered both question 17 and question 22 no, then answer question 24.
What are Patsy Moler’s damages from either the misrepresentation(s), failure to disclose or
concealment or concealment(s) by any defendant?
a.
b.
Past
Future
economic
economic
loss
loss
$ meaL
$ 55000. 00 _
c. Past noneeonomic loss, including mental suffering:
d. Future noneconomic loss, including mental suffering:
10
s _tLb_0__-_
11
12 TOTAL 8 755, 006. 7—8
13
14 24. Did any defendant perform acts that require a Califomia Contractor‘s license when
that defendant did not have the required license?
15
16
X_ Yes __ No
17 lfyour answer to question 24 is yes, then answer question 25. If you answered no, then
answer question 28.
18
19
25. Which ofthe defendant(s) performed acts that require a California Contractor’s
20 license when that defendant did not have the required license?
21 Clearview Industries, Inc. 1: Yes _ N0
22
23
Chris l-lulme _ Yes QX— No
Answer question 26.
24
25
26. Was any defendant paid any money for work performed that required a California
26 Contractor’s license when that defendant did not have the required license?
27
28
A Yes __ No
”your answer to question 26 is yes. then answer question 27. ”you answered no. then
answer question 28.
27‘ Which orthe defendant(s) was paid for acts that required a Califomia Contractor‘s
license when that defendant did not have the required license?
Clearview Industries. Inc. A Yes ___ No H‘yes. amount 59 [5‘2 003. #8
Chris Hulme Yes 5 No lfyes. amount $
Answer question 28.
10
28. Did any defendant engage in the conduct found in questions [2 to 23 with mztliee‘
11
oppression. or fraud?
12 _X Yes __ No
13
lfyour answer to question 28 is yes. then answer question 29. Ifyou answered no, stop
14 here, answer no further questions. and have the presiding juror Sign and date this form
15
2‘). Which ofthe defendanKs) engaged in the conduct lbund in questions 12 to 23 with
16
malice. oppression. or fraud?
17
Clean-'iew Industries. Inc X Yes No
18
19
(Thris Hulme X Yes No
20 Jennifer llulme Yes 5 No
21 Have the presidingjuror sign and date this form
22
23 Signal/1m _ _
Presidin tror
24
25
Datedzz _ “a
26
27
28
Preview
o FILE oUCPSRIOR (g'OURT OI CALIFORNIA UNTY SANTA BARBARA SEP 02 2015 Dam! E. Punter. Executiveomccr av ‘ ~ I e. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY ()F SANTA BARBARA ANACAI’A DIVISION 10 l’A'fSY MOLER, ) Case No. I4] 7847 11 ) Plaintiff, ) 12 ) v. ) 13 ) SPECIAL VERDICT FORM N0. 1 Chris Hulme, individually and dba ) 14 Clearview Industries. Inc., Jennifer Hulme, ) individually and dba Clearview Industries, ) 15 DOES through inclusive Ine., and 1 10. ) Defendants. ) 16 _ _ . ) 17 And RelatedCross—Aetions ) 18 We thejury in the above entitled action, find the following special verdict on the following 19 questions submitted to us: 20 21 I. Did Patsy Moler enter into a contract with any defendant? 22 _X_Yes_No 23 If your answer to question l is yes, then answer question 2. If you answered no, then answer 24 question 12. 25 2. Which ofthe defendant(s) entered into a contract with Patsy Moler? 26 27 Clearview Industries, lne. L Yes ___ N0 28 Chris Hulme _____ _ Yes X No Jennifer Hulme Yes X_ No Answer question 3. 3. Were the contract terms clear enough so that the parties could understand what each was required to do? X Yes No ll‘ your answer to question 3 is yes. then answer question 4. If you answered no, then answer question 12. 4. Did the parties agree to give each other something of value'.’ 10 _X_Yes_No 11 Answer question 5. 12 13 5. Did the parties agree to the terms ot'the contract? 14 15 _X_ Yes _ No 16 If your answer to question 5 is yes, then answer question 6. If you answered no, then answer question 12. 17 6. Did Patsy Moler do all. or substantially all, ofthe significant things that the contract 18 required her to do? 19 "X Yes _ No 20 If your answer to question 6 is yes. then answer question 8. lfyou answered no, then answer 21 question 7. 22 23 7. Was Patsy Moler excused from having to do all, or substantially all,ofthe significant things that the contract required her to do? N/I’t 24 25 26 Answer question 8. 27 28 8. Did any defendant fail to do something that the contract required him/her/it to do or do something that the contract prohibited him/her/it from doing'.> A Yes _ No If your answer to question 8 is yes, then answer question 9. It' you answered no, then answer question 12. 9. Which ofthe defendant(s) failed to perform something that the contract required or did something that the contract prohibited him/her/it from doing? Clearview Industries, Inc. _2§ Yes __> No Chris Hulme Yes x No 10 Jennifer Hulme Yes g No 11 12 10. Was Patsy Moler harmed by any defendants” breach ofeontract? 13 14 A Yes *__ No Ifyour answer to question 10 isyes, then answer question 11. Ifyou answered no, then 15 answer question 12. 16 11. What are Patsy Moler’s damages? 17 , 18 a. Past economic loss: $ M187— 19 b. Future economic loss: ./‘ 20 s t) 000. 00 21 22 23 Answer question 12. Tom asafl 12. Did any defendant make a false representation to Patsy Moler? 24 25 A Yes ___ No 26 Ifyour answer to question 12 isyes, then answer question 13. If you answered no, then answer question 18. 27 28 13. Which of the defendant(s) made a false representation(s) to Patsy Moler? Clean'iewlndustrieae. ”x; Yes __ __ No' Chris Hulme l_ Yes 1%? Jenniferllulme _ Yes _)g_ No Answer question 14. 14. Did the defendant(s) who made the representation(s) know the representation(s) was/were false or make the representation(s) recklessly and without regard for its truth? A Yes _‘_ No lfyour answer to question 14 is yes, then answer question 15. lfyou answered no, then answer question 18. 1O 11 15. Did the defendant(s) that made the representation(s) intend that l’atsy Moler rely on 12 the representation(s)? 13 14 X_ Yes _ No lfyour answer to question 15 isyes, then answer question 16. If you answered no, then 15 answer question 18. 16 17 16. Did l’atsy Moler reasonably rely on the representation(s)? 18 19 L Yes __ No 20 lfyour answer to question 16 is yes, then answer question 17. If you answered no, then answer question l8. 21 22 17. Was Patsy Moler’s reliance on any defendant’s representation(s) a substantial factor 23 in causing harm to Patsy Moler? 24 25 L Yes _No Answer question 18‘ 26 27 Did defendant intentionally fail to disclose facts that Patsy Moler did not know 18. any and could not reasonably have discovered? 28 i Yes answer question 23. _ No lfyour answer to question 18 is yes, then answer question 19. lfyou answered no, then 19. Which of the del'endant(s) intentionally failed to disclose facts that Patsy Moler did not know and could not reasonably have discovered? Clearview Industries. Inc. x Yes No Chris Hulme & Yes g . W No Jennifer Hulme Yes _Z<~_ No 10 Answer question 20. 11 12 2O . Did the dclendant(s) intend to deceive Patsy Moler by concealing the fact(s)’? 13 14 _X_ Yes _ No lfyour answer to question 20 is yes, then answer question 21. lfyou answered no, then 15 answer question 23. 16 17 21. Had the omitted information been disclosed, would Patsy Molcr reasonably have behaved differently? 18 19 _X;_Yes_No 20 11‘your answer to question 21 is yes, then answer question 22‘ If you answered no, then answer question 23. 21 22 22‘ Was any defendant’s concealment a substantial factor in causing harm to Patsy Molcr? 23 24 _X_ c __ No 25 lfeither your answer to question 17 or question 22 is yes, then answer question 23. lfyou answered both question 17 and question 22 no, then answer question 24. 26 27 2} It'either your answer to question 17 or question 22 is yes, then answer this question. 28 lfyou answered both question 17 and question 22 no, then answer question 24. What are Patsy Moler’s damages from either the misrepresentation(s), failure to disclose or concealment or concealment(s) by any defendant? a. b. Past Future economic economic loss loss $ meaL $ 55000. 00 _ c. Past noneeonomic loss, including mental suffering: d. Future noneconomic loss, including mental suffering: 10 s _tLb_0__-_ 11 12 TOTAL 8 755, 006. 7—8 13 14 24. Did any defendant perform acts that require a Califomia Contractor‘s license when that defendant did not have the required license? 15 16 X_ Yes __ No 17 lfyour answer to question 24 is yes, then answer question 25. If you answered no, then answer question 28. 18 19 25. Which ofthe defendant(s) performed acts that require a California Contractor’s 20 license when that defendant did not have the required license? 21 Clearview Industries, Inc. 1: Yes _ N0 22 23 Chris l-lulme _ Yes QX— No Answer question 26. 24 25 26. Was any defendant paid any money for work performed that required a California 26 Contractor’s license when that defendant did not have the required license? 27 28 A Yes __ No ”your answer to question 26 is yes. then answer question 27. ”you answered no. then answer question 28. 27‘ Which orthe defendant(s) was paid for acts that required a Califomia Contractor‘s license when that defendant did not have the required license? Clearview Industries. Inc. A Yes ___ No H‘yes. amount 59 [5‘2 003. #8 Chris Hulme Yes 5 No lfyes. amount $ Answer question 28. 10 28. Did any defendant engage in the conduct found in questions [2 to 23 with mztliee‘ 11 oppression. or fraud? 12 _X Yes __ No 13 lfyour answer to question 28 is yes. then answer question 29. Ifyou answered no, stop 14 here, answer no further questions. and have the presiding juror Sign and date this form 15 2‘). Which ofthe defendanKs) engaged in the conduct lbund in questions 12 to 23 with 16 malice. oppression. or fraud? 17 Clean-'iew Industries. Inc X Yes No 18 19 (Thris Hulme X Yes No 20 Jennifer llulme Yes 5 No 21 Have the presidingjuror sign and date this form 22 23 Signal/1m _ _ Presidin tror 24 25 Datedzz _ “a 26 27 28