Preview
STREAM KIM HICKS WRAGE & ALFARO, PC
1
JAMIE E. WRAGE (State Bar No. 188982)
2 EUGENE KIM (State Bar No. 221753)
TODD R. KINNEAR (State Bar No. 208831)
3 3403 Tenth Street, Suite 700
Riverside, CA 92501-3641
4 Telephone: (951) 783-9470
5 Facsimile: (951) 783-9475
6 Attorneys for Defendant,
CITY OF VERNON
7
8 OLIVO & ASSOCIATES
9 EDUARDO OLIVO (State Bar No. 150363)
13181 Crossroads Parkway North
10 3rd Floor, Suite 340
City oflndustry, California 90746
11
Telephone: (562) 697-2440
12 Facsimile: (562) 697-2443
Attorneys for Plaintiff,
JERRY CHAVEZ
Electronically Received 09/03/2021 02:51 PM
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES- CENTRAL DISTRICT
17
18
JERRY CHAVEZ, an individual ) Case No. BC719460
19 ~ Assigned to Hon. Armen Tamzarian
Plaintiff, )
20 )
vs.
) [PROPOSED]JURYINSTRUCTIONS
21 )
CITY OF VERNON, a municipal corporation,
22 and DOES 1 through 20, inclusive, ~ FSC D~te: 09/07/21
) FSC Time: 9:00 a.m.
23 Defendants. ) Dept.: 52
)
24 ~ Tr~al D.ate: 09/15/21
) Tnal Time: 10:00 a.m.
25
) Dept.: 52
26 )
27 ~
28
PROPOSED JURY INSTRUCTIONS
C2003/000 - 32SS90.2
Plaintiff JERRY CHAVEZ and Defendant CITY OF VERNON hereby propose the
2 following instructions taken from CACI and special instructions, if any, to be given to the jury:
3 100 Preliminary Admonitions
4 101 Overview of the Trial
5 102 Taking Notes During Trial
6 104 Non-Person Party
7 105 Insurance
8 106 Evidence
9 107 Witnesses
10 Ill Instruction to Alternate Jurors
11 112 Questions From Jurors
0
.....
C') 12 113 Bias
2
"5
.
en...,
...,.
en.<:,..._ 13 114 Bench Conferences and Conferences in Chambers
wt:-
>-Oo-
-<
oou 14 116 Why Electronic Communications and Research Are Prohibited
~~~
16 2524 "Severe or Pervasive" Explained
~a
u
co
C')
17 2527 Failure To Prevent Harassment, Discrimination, Or Retaliation-Essential Factual
18 Elements-Employer Or Entity Defendant (Gov. Code,§ 12940(k))
19 2540 Disability Discrimination- Disparate Treatment- Essential Factual Elements
20 2543 Disability Discrimination- "Essential Job Duties" Explained (Gov. Code, §§
21 12926(F), 12940(A)(1))
22 2544 Disability Discrimination Affirmative Defense Health or Safety Risk
23 2545 Disability Discrimination Affirmative Defense Undue Hardship
24 3900 Introduction to Tort Damages- Liability Contested
25 3902 Economic and Noneconomic Damages
26 3903 Items of Economic Damage
27 3903C Past and Future Lost Earnings (Economic Damage)
28 3904A Present Cash Value
3
PROPOSED JURY INSTRUCTIONS
C2003/000 • 325590.2
I 3905 Items ofNoneconomic Damage
2 3905A Physical Pain, Mental Suffering, and Emotional Distress (Noneconomic Damage)
3 3924 No Punitive Damages
4 3927 Aggravation of Preexisting Condition or Disability
5 3932 Life Expectancy
6 3934 Damages on Multiple Legal Theories
7 3935 Prejudgment Interest- (Civ. Code, § 3288)
8 3964 Jurors Not To Consider Attorney Fees and Court Costs
9 4603 Whistleblower Protection -Essential Factual Elements (Lab. Code, § 11 02.5)
10 4604 Affirmative Defense- Same Decision (Lab. Code, § 11 02.6)
II 5000 Duties of the Judge and Jury
.
..,
0
12 5001 Insurance
~
"'"'
ta.c:"
t~
1-Qo-
... 13 5002 Evidence
g~z<
~u 14 5003 Witnesses
l:l~C::
V).c,.._
UJt:-
>-oo- Do not allow anything that happens outside this courtroom to affect your decision. During
u5z>- <(
oou 14
V) ~ •
V)
oe(o~
~ C:- the trial do not talk about this case or the people involved in it with anyone, including family and
15
ollO..:::l
0"'-g
"0-
~8'0
persons living in your household, friends and co-workers, spiritual leaders, advisors, or therapists.
0~~ 16
eu You may say you are on a jury and how long the trial may take, but that is all. You must not even
u
co 17
("')
talk about the case with the other jurors until after I tell you that it is time for you to decide the
18
case.
19
This prohibition is not limited to face-to-face conversations. It also extends to all forms of
20
electronic communications. Do not use any electronic device or media, such as a cell phone or
21
smart phone, PDA, computer, the Internet, any Internet service, any text or instant-messaging
22
service, any Internet chat room, blog, or Website, including social networking websites or online
23
diaries, to send or receive any information to or from anyone about this case or your experience as
24
a juror until after you have been discharged from your jury duty.
25
During the trial you must not listen to anyone else talk about the case or the people
26
involved in the case. You must avoid any contact with the parties, the lawyers, the witnesses, and
27
anyone else who may have a connection to the case. If anyone tries to talk to you about this case,
28
6
PROPOSED JURY INSTRUCTIONS
C2003/000. 325590.2
tell that person that you cannot discuss it because you are a juror. If he or she keeps talking to you,
2 simply walk away and report the incident to the court attendant as soon as you can.
3 After the trial is over and I have released you from jury duty, you may discuss the case with
4 anyone, but you are not required to do so.
5 During the trial, do not read, listen to, or watch any news reports about this case. I have no
6 information that there will be news reports concerning this case. This prohibition extends to the
7 use of the Internet in any way, including reading any blog about the case or about anyone involved
8 with it. If you receive any information about this case from any source outside of the courtroom,
9 promptly report it to the court attendant. It is important that all jurors see and hear the same
10 evidence at the same time.
II Do not do any research on your own or as a group. Do not use dictionaries, the Internet, or
0
....
(")
Q)
12 other reference materials. Do not investigate the case or conduct any experiments. Do not contact
3v>-o
..... 13
0"'-g
15 program or device to search for or to view any place discussed in the testimony. If you happen to
'0-
~go
a~>
16 pass by the scene, do not stop or investigate. If you do need to view the scene during the trial, you
~6
u
co
;;;
17 will be taken there as a group under proper supervision.
18 Ifyou violate any of these prohibitions on communications and research, including
19 prohibitions on electronic communication and research, you may be held in contempt of court or
20 face other sanctions. That means that you may have to serve time in jail, pay a fine, or face other
21 punishment or that violation.
22 It is important that you keep an open mind throughout this trial. Evidence can only be
23 presented a piece at a time. Do not form or express an opinion about this case while the trial is
24 going on. You must not decide on a verdict until after you have heard all the evidence and have
25 discussed it thoroughly with your fellow jurors in your deliberations.
26 Do not concern yourselves with the reasons for the rulings I will make during the course of
27 the trial. Do not guess what I may think your verdict should be from anything I might say or do.
28 When you begin your deliberations, you may discuss the case only in the jury room and
7
PROPOSED JURY INSTRUCTIONS
(2003/000- 325590.2
only when all the jurors are present.
2 You must decide what the facts are in this case. Do not let bias, sympathy, prejudice, or
3 public opinion influence your verdict.
4 At the end of the trial, I will explain the law that you must follow to reach your verdict.
5 You must follow the law as I explain it to you, even if you do not agree with the law.
6
7
8
9
10
11
..,....
0
Q)
12
'5
"'"'
lfl.c"
..... 13
t-
1-Qo-
~z<
u >-u 14
0~ ~
~
I6
~a
u during the presentation of the evidence.
-u
0 ~ .
14
~~~
-
~""
16
... u
u
co
;;;
17
18
19
20
21
22
23
24
25
26
27
28
10
PROPOSED JURY INSTRUCTIONS
C2003/000 - 32SS90.2
102 TAKING NOTES DURING THE TRIAL
2
Requested by Plaintiff X Requested by Defendant X Requested by
3
Given on Court's
4 Given as Requested Given as Modified
Motion
5 Refused
6 Withdrawn Judge
7
8
You have been given notebooks and may take notes during the trial. Do not take the
9
notebooks out of the courtroom or jury room at any time during the trial. You may take your notes
10
into the jury room during deliberations.
11
You should use your notes only to remind yourself of what happened during the trial. Do
0
.... 12
!"' not let your note-taking interfere with your ability to listen carefully to all the testimony and to
·s
"'"' ..... 13
"'.c"
w0.,..
1-
t- watch the witnesses as they testify. Nor should you allow your impression of a witness or other
15
o"'"2
"0- recollection of the evidence should govern your verdict, and you should not allow yourself to be
~go
a~>
16
~0 influenced by the notes of other jurors if those notes differ from what you remember.
u
co
;;;
17
The court reporter is making a record of everything that is said. If during deliberations you
18
have a question about what the witness said, you should ask that the court reporter's records be
19
read to you. You must accept the court reporter's record as accurate.
20
At the end of the trial, your notes will be collected and destroyed/collected and retained by
21
the court but not as a part of the case record.
22
23
24
25
26
27
28
11
PROPOSED JURY INSTRUCTIONS
C2003/000- 325590.2
2
3
4
5
6
7
8
9
10
11
0
.....
<")
12
2
·s
......
V)"'
V).<:..._ 13
wt-
1-Qo-
- <( 14
0 ou
~~;:::
16
~5
u
CXl
;;;
17
18
19
20
21
22
23
24
25
26
27
28
12
PROPOSED JURY INSTRUCTIONS
C2003/000- 325590.2
104 NONPERSON PARTY
2 (as modified)
3
Requested by Plaintiff X Requested by Defendant X Requested by
4
Given on Court's
5 Given as Requested Given as Modified
Motion
6 Refused
7 Withdrawn Judge
8
9
The City of Vernon is entitled to the same fair and impartial treatment that you would give
IO
to an individual. You must decide this case with the same fairness that you would use if you were
II
0
deciding the case between individuals.
'I"
M I2
~ When I use words like "person" or "he" or "she" in these instructions to refer to a party,
"'"'
.,.c
wt~
... 13
·-.r
1-0o- those instructions also apply to the City of Vernon.
~z
u >-<
oou I4
~~~
0"'-g
I5
"0-
~go
2u 16
Qtn~
u
co
;;;
17
18
I9
20
21
22
23
24
25
26
27
28
13
PROPOSED JURY INSTRUCTIONS
C2003/000 • 32SS90.2
105 INSURANCE
2
Requested by Plaintiff X Requested by Defendant X Requested by
3
Given on Court's
4 Given as Requested Given as Modified
Motion
5 Refused
6 Withdrawn Judge
7
8
You must not consider whether any of the parties in this case has insurance. The presence
9
or absence of insurance is totally irrelevant. You must decide this case based only on the law and
10
the evidence.
11
....
0
M 12
CD
=sv>-o
.c .....
II)
..... 13
wt-
1-0o-
~z<
u >-u 14
0 ~ ~.
~
- closing arguments, the attorneys will talk to you about the law and the evidence. What the lawyers
0>-<
ooU 14
~~c:
16
~a The attorneys' questions are not evidence. Only the witnesses' answers are evidence. You
u
co
c;;
17
should not think that something is true just because an attorney's question suggests that it is true.
18
However, the attorneys for both sides can agree that certain facts are true. This agreement is called
19
a "stipulation." No other proof is needed and you must accept those facts as true in this trial.
20
Each side has the right to object to evidence offered by the other side. If I do not agree with
21
the objection, I will say it is overruled. If I overrule an objection, the witness will answer and you
22
may consider the evidence. If I agree with the objection, I will say it is sustained. If I sustain an
23
objection, you must ignore the question. If the witness did not answer, you must not guess what he
24
or she might have said or why I sustained the objection. If the witness has already answered, you
25
must ignore the answer.
26
An attorney may make a motion to strike testimony that you have heard. If I grant the
27
motion, you must totally disregard that testimony. You must treat it as though it did not exist.
28
15
PROPOSED JURY INSTRUCTIONS
C2003/000- 325590.2
1 107 WITNESSES
2
Requested by Plaintiff X Requested by Defendant X Requested by
3
4 Given as Requested Given as Modified Given on Court's
Motion
5 Refused
6 Withdrawn
Judge
7
8
A witness is a person who has knowledge related to this case. You will have to decide
9
whether you believe each witness and how important each witness's testimony is to the case. You
10
may believe all, part, or none of a witness's testimony.
11
In deciding whether to believe a witness's testimony, you may consider, among other
..,...
0
12
Ql
'5 factors, the following:
....
"'-o
!il.c"
t~
13
1-Qo-
~z<
(a) How well did the witness see, hear, or otherwise sense what he or she described in
u >-u 14
~ ~.c:-
V) court?
o-
'C- (b) How well did the witness remember and describe what happened?
:::;20
0:::~ 16
20 (c) How did the witness look, act, and speak while testifying?
u
co
i'i
17
(d) Did the witness have any reason to say something that was not true? For example,
18
did the witness show any bias or prejudice or have a personal relationship with any
19
of the parties involved in the case or have a personal stake in how this case is
20
decided?
21
(e) What was the witness's attitude toward this case or about giving testimony?
22
Sometimes a witness may say something that is not consistent with something else
23
he or she said. Sometimes different witnesses will give different versions of what
24
happened. People often forget things or make mistakes in what they remember.
25
Also, two people may see the same event but remember it differently. You may
26
consider these differences, but do not decide that testimony is untrue just because it
27
differs from other testimony.
28
16
PROPOSED JURY INSTRUCTIONS
C20031000 • 32SS90.2
However, if you decide that a witness has deliberately testified untruthfully about
2 something important, you may choose not to believe anything that witness said. On the other hand,
3 if you think the witness testified untruthfully about some things but told the truth about others, you
4 may accept the part you think is true and ignore the rest.
5 Do not make any decision simply because there were more witnesses on one side than on
6 the other. If you believe it is true, the testimony of a single witness is enough to prove a fact.
7
8
9
10
11
0
....
"'
Q)
12
:s
.,.c
.....
"'""..... 13
UJ1:-
>-oo-
-
14 <(
0 ou
~~~
0"'-g
15
"0-
~go
o~>
16
~6
u
co
;;;
17
18
19
20
21
22
23
24
25
26
27
28
17
PROPOSED JURY INSTRUCTIONS
C2003/000 • 325590.2
111 INSTRUCTION TO ALTERNATE JURORS
2
Requested by Plaintiff X Requested by Defendant X Requested by
3
Given on Court's
4 Given as Requested Given as Modified
Motion
5 Refused
6 Withdrawn Judge
7
8
As an alternate juror, you are bound by the same rules that govern the conduct of the jurors
9
who are sitting on the paneL You will observe the same trial and should pay attention to all of my
10
instructions just as if you were sitting on the paneL Sometimes a juror needs to be excused during a
11
trial for illness or some other reason. If that happens, an alternate will be selected to take that
18
PROPOSED JURY INSTRUCTIONS
C2003/000- 325590.2
112 QUESTIONS FROM JURORS
2
Requested by Plaintiff X Requested by Defendant X Requested by
3
Given on Court's
4 Given as Requested Given as Modified
Motion
5 Refused
6 Withdrawn Judge
7
8
If, during the trial, you have a question that you believe should be asked of a witness, you
9
may write out the question and send it to me through my courtroom staff. I will share your
10
question with the attorneys and decide whether it may be asked.
11
Do not feel disappointed if your question is not asked. Your question may not be asked for
0
....
<') 12
2
'5
a variety of reasons. For example, the question may call for an answer that is not allowed for legal
"'-o
V'J..c~ 13
wt-
o-oo- reasons. Also, you should not try to guess the reason why a question is not asked or speculate
u~z;..< 14
ooU
~~i about what the answer might have been. Because the decision whether to allow the question is
0"'-g
15
'0- mine alone, do not hold it against any ofthe attorneys or their clients if your question is not asked.
~8'0
0~5 16
Remember that you are not an advocate for one side or the other. Each of you is an
u
"' 17
;;; impartial judge of the facts. Your questions should be posed in as neutral a fashion as possible.
18
Do not discuss any question asked by any juror with any other juror until after deliberations begin.
19
20
21
22
23
24
25
26
27
28
19
PROPOSED JURY INSTRUCTIONS
C2003/000- 325590.2
113 BIAS
2
Requested by Plaintiff X Requested by Defendant X Requested by
3
Given on Court's
4 Given as Requested Given as Modified
Motion
5 Refused
6
Withdrawn Judge
7
8
Each one of us has biases about or certain perceptions or stereotypes of other people. We
9
may be aware of some of our biases, though we may not share them with others. We may not be
10
fully aware of some of our other biases.
11
Our biases often affect how we act, favorably or unfavorably, toward someone. Bias can
affect our thoughts, how we remember, what we see and hear, whom we believe or disbelieve, and
how we make important decisions.
As jurors you are being asked to make very important decisions in this case. You must not
let bias, prejudice, or public opinion influence your decision. You must not be biased in favor of or
against any party or witness because of his or her disability, gender, race, religion, ethnicity, sexual
17
orientation, age, national origin, or socioeconomic status.
18
Your verdict must be based solely on the evidence presented. You must carefully evaluate
19
the evidence and resist any urge to reach a verdict that is influenced by bias for or against any
20
party or witness.
21
22
23
24
25
26
27
28
20
PROPOSED JURY INSTRUCTIONS
C2003/000 • 325590.2
114 BENCH CONFERENCES AND CONFERENCES IN CHAMBERS
2
Requested by Plaintiff X Requested by Defendant X Requested by
3
Given on Court's
4 Given as Requested Given as Modified
Motion
5 Refused
6 Withdrawn Judge
7
8
From time to time during the trial, it may become necessary for me to talk with the
9
attorneys out of the hearing of the jury, either by having a conference at the bench when the jury is
10
present in the courtroom, or by calling a recess to discuss matters outside of your presence. The
11
purpose of these conferences is not to keep relevant information from you, but to decide how
....0
"'Cll 12 certain evidence is to be treated under the rules of evidence. Do not be concerned about our
:s
V>-o..... 13
V).c,...
wt-
>-Oo- discussions or try to guess what is being said.
~z<
8 ~u 14 I may not always grant an attorney's request for a conference. Do not consider my granting
~~ ~
~(j
16
u the evidence.
co
;;;
17
18
19
20
21
22
23
24
25
26
27
28
21
PROPOSED JURY INSTRUCTIONS
C2003/000 • 325590.2
116 WHY ELECTRONIC COMMUNICATIONS AND RESEARCH ARE PROHIBITED
2
Requested by Plaintiff X Requested by Defendant X Requested by
3
4 Given as Requested Given as Modified Given on Court's
Motion
5 Refused
6 Withdrawn
Judge
7
8
I know that many of us are used to communicating and perhaps even learning by electronic
9
communications and research. However, there are good reasons why you must not electronically
IO
communicate or do any research on anything having to do with this trial or the parties.
II
0
In court, jurors must make important decisions that have consequences for the parties.
"""
C')
Q)
I2
=s These decisions must be based only on the evidence that you hear in this courtroom.
V>-o
13
t""""
ta.c:"
-
1-0o-
~z<
The evidence that is presented in court can be tested; it can be shown to be right or wrong
g ~u I4
l:l~~ by either side; it can be questioned; and it can be contradicted by other evidence. What you might
I6
eo
u The parties can receive a fair trial only if the facts and information on which you base your
<0
;;;
I7
decisions are presented to you as a group, with each juror having the same opportunity to see, hear,
18
and evaluate the evidence.
19
Also, a trial is a public process that depends on disclosure in the courtroom of facts and
20
evidence. Using information gathered in secret by one or more jurors undermines the public
21
process and violates the rights of the parties.
22
23
24
25
26
27
28
22
PROPOSED JURY INSTRUCTIONS
C2003/000 • 325590.2
117 WEALTH OF PARTIES
2
Requested by Plaintiff X Requested by Defendant X Requested by
3
Given on Court's
4 Given as Requested Given as Modified
Motion
5 Refused
6 Withdrawn Judge
7
8
In reaching a verdict, you may not consider the wealth or poverty of any party. The parties'
9
wealth or poverty is not relevant to any of the issues that you must decide.
10
11
0
....
M
Q)
12
3
..... 13
"'"'
.,.c ....
UJ't:-
>-Oo-
- <(
ooU 14
~~~
0"'-g
15
'0-
?;go
o~>
16
~0
u
co
;;;
17
18
19
20
21
22
23
24
25
26
27
28
23
PROPOSED JURY INSTRUCTIONS
C2003/000 • 325590.2
I 200 OBLIGATION TO PROVE- MORE LIKLEY TRUE THAN NOT TRUE
2
Requested by Plaintiff X Requested by Defendant X Requested by
3
4 Given as Requested Given as Modified Given on Court's
Motion
5 Refused
6 Withdrawn
Judge
7
8
A party must persuade you, by the evidence presented in court, that what he or she is
9
required to prove is more likely to be true than not true. This is referred to as "the burden of proof."
IO
After weighing all of the evidence, if you cannot decide that something is more likely to be
II
true than not true, you must conclude that the party did not prove it. You should consider all the
..,"""
0
I2
CD
3 evidence, no matter which party produced the evidence.
.
"'"' 13 ..,.
!O.c"
t-
I-
~z<
0 o- In criminal trials, the prosecution must prove that the defendant is guilty beyond a
g ~u I4
~~~ reasonable doubt. But in civil trials, such as this one, the party who is required to prove something
--Oo-
~z<
g ~u 14
~~~
16
~D
u
"'c;; 17
18
19
20
21
22
23
24
25
26
27
28
27
PROPOSED JURY INSTRUCTIONS
C2003/000 • 325590.2
I 204 WILLFUL SUPPRESSION OF EVIDENCE
2
Requested by Plaintiff X Requested by Defendant X Requested by
3
4 Given as Requested Given as Modified Given on Court's
Motion
5 Refused
6
Withdrawn
Judge
7
8
You may consider whether one party intentionally concealed or destroyed evidence. If you
9
decide that a party did so, you may decide that the evidence would have been unfavorable to that
10
party.
II
0
....
(")
Q)
I2
=s
..... 13
en-<>
cnJ:,.._
wt-
..... 0 0.
~z<
8 ~u 14
~~i
0"'-g
15
-o-
~go
0~~ 16
eu
u
co
;;;
17
18
19
20
21
22
23
24
25
26
27
28
28
PROPOSED JURY INSTRUCTIONS
C2003/000. 325590.2
1 205 FAILURE TO EXPLAIN OR DENY EVIDENCE
2
Requested by Plaintiff X Requested by Defendant X Requested by
3
4 Given as Requested Given as Modified Given on Court's
Motion
Withdrawn
Judge
7
8
If a party failed to explain or deny evidence against it when it could reasonably be expected
9
to have done so based on what it knew, you may consider its failure to explain or deny in
10
evaluating that evidence.
11
It is up to you to decide the meaning and importance of the failure to explain or deny
29
PROPOSED JURY INSTRUCTIONS
ClOOJ/000 • 32SS90.2
206 EVIDENCE ADMITTED FOR LIMITED PURPOSE
2
Requested by Plaintiff X Requested by Defendant X Requested by
3
Given on Court's
4 Given as Requested Given as Modified
Motion
5 Refused
6 Withdrawn Judge
7
8
During the trial, I explained to you that certain evidence was admitted for a limited
9
purpose. You may consider that evidence only for the limited purpose that I described, and not for
10
any other purpose.
11
0
....
(") 12
2
'5
..... 13
V'l-o
V')..c:,...
LU1:-
>-Q()o.
-<(
0 ou 14
~~i
0"'-g
15
'0-
~go
o~>
16
~B
u
co
;;;
17
18
19
20
21
22
23
24
25
26
27
28
30
PROPOSED JURY INSTRUCTIONS
C2003/000 • 325590.2
208 DEPOSITION AS SUBSTANTIVE EVIDENCE
2
Requested by Plaintiff X Requested by Defendant X Requested by
3
4 Given as Requested Given as Modified Given on Court's
Motion
5 Refused
6
Withdrawn
Judge
7
8
During the trial, you received deposition testimony that was read from the deposition
9
transcript and shown by video. A deposition is the testimony of a person taken before trial. At a
10
deposition the person is sworn to tell the truth and is questioned by the attorneys. You must
11
consider the deposition testimony that was presented to you in the same way as you consider
12
testimony given in court.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
31
PROPOSED JURY INSTRUCTIONS
C2003/000- 325590.2
209 USE OF INTERROGATORIES OF A PARTY
2
Requested by Plaintiff X Requested by Defendant X Requested by
3
Given on Court's
4 Given as Requested Given as Modified
Motion
5 Refused
6 Withdrawn Judge
7
8
Before trial, each party has the right to ask the other parties to answer written questions.
9
These questions are called interrogatories. The answers are also in writing and are given under
10
oath. You must consider the questions and answers that were read to you the same as if the
11
0
questions and answers had been given in court.
"'"
C') 12
...
Q)
:sV>-o
ffl..c:" 13
t-
1-0o-
~z<
g ~u 14
~~ c::
-oo-
~z<
g ~u I4
~~i
16
~a
u
co
;;;
I7
I8
I9
20
2I
22
23
24
25
26
27
28
33
PROPOSED JURY INSTRUCTIONS
(2003/000. 325590.2
1 212 STATEMENTS OF A PARTY OPPONENT
2
Requested by Plaintiff X Requested by Defendant X Requested by
3
4 Given as Requested Given as Modified Given on Court's
Motion
5 Refused
6 Withdrawn
Judge
7
8
A party may offer into evidence any oral or written statement made by an opposing party
9
outside the courtroom.
10
When you evaluate evidence of such a statement, you must consider these questions:
11
1. Do you believe that the party actually made the statement? If you do not believe
~
C')
Q)
12
'5 that the party made the statement, you may not consider the statement at all.
.....
"'-o
.,.c,._ 13
wt-
>-oo-
~z<
2. If you believe that the statement was made, do you believe it was reported
g ~u 14
~~c: accurately?
~a
16
u with caution.
iii
p;
17
18
19
20
21
22
23
24
25
26
27
28
34
Preview
STREAM KIM HICKS WRAGE & ALFARO, PC 1 JAMIE E. WRAGE (State Bar No. 188982) 2 EUGENE KIM (State Bar No. 221753) TODD R. KINNEAR (State Bar No. 208831) 3 3403 Tenth Street, Suite 700 Riverside, CA 92501-3641 4 Telephone: (951) 783-9470 5 Facsimile: (951) 783-9475 6 Attorneys for Defendant, CITY OF VERNON 7 8 OLIVO & ASSOCIATES 9 EDUARDO OLIVO (State Bar No. 150363) 13181 Crossroads Parkway North 10 3rd Floor, Suite 340 City oflndustry, California 90746 11 Telephone: (562) 697-2440 12 Facsimile: (562) 697-2443 Attorneys for Plaintiff, JERRY CHAVEZ Electronically Received 09/03/2021 02:51 PM SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES- CENTRAL DISTRICT 17 18 JERRY CHAVEZ, an individual ) Case No. BC719460 19 ~ Assigned to Hon. Armen Tamzarian Plaintiff, ) 20 ) vs. ) [PROPOSED]JURYINSTRUCTIONS 21 ) CITY OF VERNON, a municipal corporation, 22 and DOES 1 through 20, inclusive, ~ FSC D~te: 09/07/21 ) FSC Time: 9:00 a.m. 23 Defendants. ) Dept.: 52 ) 24 ~ Tr~al D.ate: 09/15/21 ) Tnal Time: 10:00 a.m. 25 ) Dept.: 52 26 ) 27 ~ 28 PROPOSED JURY INSTRUCTIONS C2003/000 - 32SS90.2 Plaintiff JERRY CHAVEZ and Defendant CITY OF VERNON hereby propose the 2 following instructions taken from CACI and special instructions, if any, to be given to the jury: 3 100 Preliminary Admonitions 4 101 Overview of the Trial 5 102 Taking Notes During Trial 6 104 Non-Person Party 7 105 Insurance 8 106 Evidence 9 107 Witnesses 10 Ill Instruction to Alternate Jurors 11 112 Questions From Jurors 0 ..... C') 12 113 Bias 2 "5 . en..., ...,. en.<:,..._ 13 114 Bench Conferences and Conferences in Chambers wt:- >-Oo- -< oou 14 116 Why Electronic Communications and Research Are Prohibited ~~~ 16 2524 "Severe or Pervasive" Explained ~a u co C') 17 2527 Failure To Prevent Harassment, Discrimination, Or Retaliation-Essential Factual 18 Elements-Employer Or Entity Defendant (Gov. Code,§ 12940(k)) 19 2540 Disability Discrimination- Disparate Treatment- Essential Factual Elements 20 2543 Disability Discrimination- "Essential Job Duties" Explained (Gov. Code, §§ 21 12926(F), 12940(A)(1)) 22 2544 Disability Discrimination Affirmative Defense Health or Safety Risk 23 2545 Disability Discrimination Affirmative Defense Undue Hardship 24 3900 Introduction to Tort Damages- Liability Contested 25 3902 Economic and Noneconomic Damages 26 3903 Items of Economic Damage 27 3903C Past and Future Lost Earnings (Economic Damage) 28 3904A Present Cash Value 3 PROPOSED JURY INSTRUCTIONS C2003/000 • 325590.2 I 3905 Items ofNoneconomic Damage 2 3905A Physical Pain, Mental Suffering, and Emotional Distress (Noneconomic Damage) 3 3924 No Punitive Damages 4 3927 Aggravation of Preexisting Condition or Disability 5 3932 Life Expectancy 6 3934 Damages on Multiple Legal Theories 7 3935 Prejudgment Interest- (Civ. Code, § 3288) 8 3964 Jurors Not To Consider Attorney Fees and Court Costs 9 4603 Whistleblower Protection -Essential Factual Elements (Lab. Code, § 11 02.5) 10 4604 Affirmative Defense- Same Decision (Lab. Code, § 11 02.6) II 5000 Duties of the Judge and Jury . .., 0 12 5001 Insurance ~ "'"' ta.c:" t~ 1-Qo- ... 13 5002 Evidence g~z< ~u 14 5003 Witnesses l:l~C:: V).c,.._ UJt:- >-oo- Do not allow anything that happens outside this courtroom to affect your decision. During u5z>- <( oou 14 V) ~ • V) oe(o~ ~ C:- the trial do not talk about this case or the people involved in it with anyone, including family and 15 ollO..:::l 0"'-g "0- ~8'0 persons living in your household, friends and co-workers, spiritual leaders, advisors, or therapists. 0~~ 16 eu You may say you are on a jury and how long the trial may take, but that is all. You must not even u co 17 ("') talk about the case with the other jurors until after I tell you that it is time for you to decide the 18 case. 19 This prohibition is not limited to face-to-face conversations. It also extends to all forms of 20 electronic communications. Do not use any electronic device or media, such as a cell phone or 21 smart phone, PDA, computer, the Internet, any Internet service, any text or instant-messaging 22 service, any Internet chat room, blog, or Website, including social networking websites or online 23 diaries, to send or receive any information to or from anyone about this case or your experience as 24 a juror until after you have been discharged from your jury duty. 25 During the trial you must not listen to anyone else talk about the case or the people 26 involved in the case. You must avoid any contact with the parties, the lawyers, the witnesses, and 27 anyone else who may have a connection to the case. If anyone tries to talk to you about this case, 28 6 PROPOSED JURY INSTRUCTIONS C2003/000. 325590.2 tell that person that you cannot discuss it because you are a juror. If he or she keeps talking to you, 2 simply walk away and report the incident to the court attendant as soon as you can. 3 After the trial is over and I have released you from jury duty, you may discuss the case with 4 anyone, but you are not required to do so. 5 During the trial, do not read, listen to, or watch any news reports about this case. I have no 6 information that there will be news reports concerning this case. This prohibition extends to the 7 use of the Internet in any way, including reading any blog about the case or about anyone involved 8 with it. If you receive any information about this case from any source outside of the courtroom, 9 promptly report it to the court attendant. It is important that all jurors see and hear the same 10 evidence at the same time. II Do not do any research on your own or as a group. Do not use dictionaries, the Internet, or 0 .... (") Q) 12 other reference materials. Do not investigate the case or conduct any experiments. Do not contact 3v>-o ..... 13 0"'-g 15 program or device to search for or to view any place discussed in the testimony. If you happen to '0- ~go a~> 16 pass by the scene, do not stop or investigate. If you do need to view the scene during the trial, you ~6 u co ;;; 17 will be taken there as a group under proper supervision. 18 Ifyou violate any of these prohibitions on communications and research, including 19 prohibitions on electronic communication and research, you may be held in contempt of court or 20 face other sanctions. That means that you may have to serve time in jail, pay a fine, or face other 21 punishment or that violation. 22 It is important that you keep an open mind throughout this trial. Evidence can only be 23 presented a piece at a time. Do not form or express an opinion about this case while the trial is 24 going on. You must not decide on a verdict until after you have heard all the evidence and have 25 discussed it thoroughly with your fellow jurors in your deliberations. 26 Do not concern yourselves with the reasons for the rulings I will make during the course of 27 the trial. Do not guess what I may think your verdict should be from anything I might say or do. 28 When you begin your deliberations, you may discuss the case only in the jury room and 7 PROPOSED JURY INSTRUCTIONS (2003/000- 325590.2 only when all the jurors are present. 2 You must decide what the facts are in this case. Do not let bias, sympathy, prejudice, or 3 public opinion influence your verdict. 4 At the end of the trial, I will explain the law that you must follow to reach your verdict. 5 You must follow the law as I explain it to you, even if you do not agree with the law. 6 7 8 9 10 11 ..,.... 0 Q) 12 '5 "'"' lfl.c" ..... 13 t- 1-Qo- ~z< u >-u 14 0~ ~ ~ I6 ~a u during the presentation of the evidence. -u 0 ~ . 14 ~~~ - ~"" 16 ... u u co ;;; 17 18 19 20 21 22 23 24 25 26 27 28 10 PROPOSED JURY INSTRUCTIONS C2003/000 - 32SS90.2 102 TAKING NOTES DURING THE TRIAL 2 Requested by Plaintiff X Requested by Defendant X Requested by 3 Given on Court's 4 Given as Requested Given as Modified Motion 5 Refused 6 Withdrawn Judge 7 8 You have been given notebooks and may take notes during the trial. Do not take the 9 notebooks out of the courtroom or jury room at any time during the trial. You may take your notes 10 into the jury room during deliberations. 11 You should use your notes only to remind yourself of what happened during the trial. Do 0 .... 12 !"' not let your note-taking interfere with your ability to listen carefully to all the testimony and to ·s "'"' ..... 13 "'.c" w0.,.. 1- t- watch the witnesses as they testify. Nor should you allow your impression of a witness or other 15 o"'"2 "0- recollection of the evidence should govern your verdict, and you should not allow yourself to be ~go a~> 16 ~0 influenced by the notes of other jurors if those notes differ from what you remember. u co ;;; 17 The court reporter is making a record of everything that is said. If during deliberations you 18 have a question about what the witness said, you should ask that the court reporter's records be 19 read to you. You must accept the court reporter's record as accurate. 20 At the end of the trial, your notes will be collected and destroyed/collected and retained by 21 the court but not as a part of the case record. 22 23 24 25 26 27 28 11 PROPOSED JURY INSTRUCTIONS C2003/000- 325590.2 2 3 4 5 6 7 8 9 10 11 0 ..... <") 12 2 ·s ...... V)"' V).<:..._ 13 wt- 1-Qo- - <( 14 0 ou ~~;::: 16 ~5 u CXl ;;; 17 18 19 20 21 22 23 24 25 26 27 28 12 PROPOSED JURY INSTRUCTIONS C2003/000- 325590.2 104 NONPERSON PARTY 2 (as modified) 3 Requested by Plaintiff X Requested by Defendant X Requested by 4 Given on Court's 5 Given as Requested Given as Modified Motion 6 Refused 7 Withdrawn Judge 8 9 The City of Vernon is entitled to the same fair and impartial treatment that you would give IO to an individual. You must decide this case with the same fairness that you would use if you were II 0 deciding the case between individuals. 'I" M I2 ~ When I use words like "person" or "he" or "she" in these instructions to refer to a party, "'"' .,.c wt~ ... 13 ·-.r 1-0o- those instructions also apply to the City of Vernon. ~z u >-< oou I4 ~~~ 0"'-g I5 "0- ~go 2u 16 Qtn~ u co ;;; 17 18 I9 20 21 22 23 24 25 26 27 28 13 PROPOSED JURY INSTRUCTIONS C2003/000 • 32SS90.2 105 INSURANCE 2 Requested by Plaintiff X Requested by Defendant X Requested by 3 Given on Court's 4 Given as Requested Given as Modified Motion 5 Refused 6 Withdrawn Judge 7 8 You must not consider whether any of the parties in this case has insurance. The presence 9 or absence of insurance is totally irrelevant. You must decide this case based only on the law and 10 the evidence. 11 .... 0 M 12 CD =sv>-o .c ..... II) ..... 13 wt- 1-0o- ~z< u >-u 14 0 ~ ~. ~ - closing arguments, the attorneys will talk to you about the law and the evidence. What the lawyers 0>-< ooU 14 ~~c: 16 ~a The attorneys' questions are not evidence. Only the witnesses' answers are evidence. You u co c;; 17 should not think that something is true just because an attorney's question suggests that it is true. 18 However, the attorneys for both sides can agree that certain facts are true. This agreement is called 19 a "stipulation." No other proof is needed and you must accept those facts as true in this trial. 20 Each side has the right to object to evidence offered by the other side. If I do not agree with 21 the objection, I will say it is overruled. If I overrule an objection, the witness will answer and you 22 may consider the evidence. If I agree with the objection, I will say it is sustained. If I sustain an 23 objection, you must ignore the question. If the witness did not answer, you must not guess what he 24 or she might have said or why I sustained the objection. If the witness has already answered, you 25 must ignore the answer. 26 An attorney may make a motion to strike testimony that you have heard. If I grant the 27 motion, you must totally disregard that testimony. You must treat it as though it did not exist. 28 15 PROPOSED JURY INSTRUCTIONS C2003/000- 325590.2 1 107 WITNESSES 2 Requested by Plaintiff X Requested by Defendant X Requested by 3 4 Given as Requested Given as Modified Given on Court's Motion 5 Refused 6 Withdrawn Judge 7 8 A witness is a person who has knowledge related to this case. You will have to decide 9 whether you believe each witness and how important each witness's testimony is to the case. You 10 may believe all, part, or none of a witness's testimony. 11 In deciding whether to believe a witness's testimony, you may consider, among other ..,... 0 12 Ql '5 factors, the following: .... "'-o !il.c" t~ 13 1-Qo- ~z< (a) How well did the witness see, hear, or otherwise sense what he or she described in u >-u 14 ~ ~.c:- V) court? o- 'C- (b) How well did the witness remember and describe what happened? :::;20 0:::~ 16 20 (c) How did the witness look, act, and speak while testifying? u co i'i 17 (d) Did the witness have any reason to say something that was not true? For example, 18 did the witness show any bias or prejudice or have a personal relationship with any 19 of the parties involved in the case or have a personal stake in how this case is 20 decided? 21 (e) What was the witness's attitude toward this case or about giving testimony? 22 Sometimes a witness may say something that is not consistent with something else 23 he or she said. Sometimes different witnesses will give different versions of what 24 happened. People often forget things or make mistakes in what they remember. 25 Also, two people may see the same event but remember it differently. You may 26 consider these differences, but do not decide that testimony is untrue just because it 27 differs from other testimony. 28 16 PROPOSED JURY INSTRUCTIONS C20031000 • 32SS90.2 However, if you decide that a witness has deliberately testified untruthfully about 2 something important, you may choose not to believe anything that witness said. On the other hand, 3 if you think the witness testified untruthfully about some things but told the truth about others, you 4 may accept the part you think is true and ignore the rest. 5 Do not make any decision simply because there were more witnesses on one side than on 6 the other. If you believe it is true, the testimony of a single witness is enough to prove a fact. 7 8 9 10 11 0 .... "' Q) 12 :s .,.c ..... "'""..... 13 UJ1:- >-oo- - 14 <( 0 ou ~~~ 0"'-g 15 "0- ~go o~> 16 ~6 u co ;;; 17 18 19 20 21 22 23 24 25 26 27 28 17 PROPOSED JURY INSTRUCTIONS C2003/000 • 325590.2 111 INSTRUCTION TO ALTERNATE JURORS 2 Requested by Plaintiff X Requested by Defendant X Requested by 3 Given on Court's 4 Given as Requested Given as Modified Motion 5 Refused 6 Withdrawn Judge 7 8 As an alternate juror, you are bound by the same rules that govern the conduct of the jurors 9 who are sitting on the paneL You will observe the same trial and should pay attention to all of my 10 instructions just as if you were sitting on the paneL Sometimes a juror needs to be excused during a 11 trial for illness or some other reason. If that happens, an alternate will be selected to take that 18 PROPOSED JURY INSTRUCTIONS C2003/000- 325590.2 112 QUESTIONS FROM JURORS 2 Requested by Plaintiff X Requested by Defendant X Requested by 3 Given on Court's 4 Given as Requested Given as Modified Motion 5 Refused 6 Withdrawn Judge 7 8 If, during the trial, you have a question that you believe should be asked of a witness, you 9 may write out the question and send it to me through my courtroom staff. I will share your 10 question with the attorneys and decide whether it may be asked. 11 Do not feel disappointed if your question is not asked. Your question may not be asked for 0 .... <') 12 2 '5 a variety of reasons. For example, the question may call for an answer that is not allowed for legal "'-o V'J..c~ 13 wt- o-oo- reasons. Also, you should not try to guess the reason why a question is not asked or speculate u~z;..< 14 ooU ~~i about what the answer might have been. Because the decision whether to allow the question is 0"'-g 15 '0- mine alone, do not hold it against any ofthe attorneys or their clients if your question is not asked. ~8'0 0~5 16 Remember that you are not an advocate for one side or the other. Each of you is an u "' 17 ;;; impartial judge of the facts. Your questions should be posed in as neutral a fashion as possible. 18 Do not discuss any question asked by any juror with any other juror until after deliberations begin. 19 20 21 22 23 24 25 26 27 28 19 PROPOSED JURY INSTRUCTIONS C2003/000- 325590.2 113 BIAS 2 Requested by Plaintiff X Requested by Defendant X Requested by 3 Given on Court's 4 Given as Requested Given as Modified Motion 5 Refused 6 Withdrawn Judge 7 8 Each one of us has biases about or certain perceptions or stereotypes of other people. We 9 may be aware of some of our biases, though we may not share them with others. We may not be 10 fully aware of some of our other biases. 11 Our biases often affect how we act, favorably or unfavorably, toward someone. Bias can affect our thoughts, how we remember, what we see and hear, whom we believe or disbelieve, and how we make important decisions. As jurors you are being asked to make very important decisions in this case. You must not let bias, prejudice, or public opinion influence your decision. You must not be biased in favor of or against any party or witness because of his or her disability, gender, race, religion, ethnicity, sexual 17 orientation, age, national origin, or socioeconomic status. 18 Your verdict must be based solely on the evidence presented. You must carefully evaluate 19 the evidence and resist any urge to reach a verdict that is influenced by bias for or against any 20 party or witness. 21 22 23 24 25 26 27 28 20 PROPOSED JURY INSTRUCTIONS C2003/000 • 325590.2 114 BENCH CONFERENCES AND CONFERENCES IN CHAMBERS 2 Requested by Plaintiff X Requested by Defendant X Requested by 3 Given on Court's 4 Given as Requested Given as Modified Motion 5 Refused 6 Withdrawn Judge 7 8 From time to time during the trial, it may become necessary for me to talk with the 9 attorneys out of the hearing of the jury, either by having a conference at the bench when the jury is 10 present in the courtroom, or by calling a recess to discuss matters outside of your presence. The 11 purpose of these conferences is not to keep relevant information from you, but to decide how ....0 "'Cll 12 certain evidence is to be treated under the rules of evidence. Do not be concerned about our :s V>-o..... 13 V).c,... wt- >-Oo- discussions or try to guess what is being said. ~z< 8 ~u 14 I may not always grant an attorney's request for a conference. Do not consider my granting ~~ ~ ~(j 16 u the evidence. co ;;; 17 18 19 20 21 22 23 24 25 26 27 28 21 PROPOSED JURY INSTRUCTIONS C2003/000 • 325590.2 116 WHY ELECTRONIC COMMUNICATIONS AND RESEARCH ARE PROHIBITED 2 Requested by Plaintiff X Requested by Defendant X Requested by 3 4 Given as Requested Given as Modified Given on Court's Motion 5 Refused 6 Withdrawn Judge 7 8 I know that many of us are used to communicating and perhaps even learning by electronic 9 communications and research. However, there are good reasons why you must not electronically IO communicate or do any research on anything having to do with this trial or the parties. II 0 In court, jurors must make important decisions that have consequences for the parties. """ C') Q) I2 =s These decisions must be based only on the evidence that you hear in this courtroom. V>-o 13 t"""" ta.c:" - 1-0o- ~z< The evidence that is presented in court can be tested; it can be shown to be right or wrong g ~u I4 l:l~~ by either side; it can be questioned; and it can be contradicted by other evidence. What you might I6 eo u The parties can receive a fair trial only if the facts and information on which you base your <0 ;;; I7 decisions are presented to you as a group, with each juror having the same opportunity to see, hear, 18 and evaluate the evidence. 19 Also, a trial is a public process that depends on disclosure in the courtroom of facts and 20 evidence. Using information gathered in secret by one or more jurors undermines the public 21 process and violates the rights of the parties. 22 23 24 25 26 27 28 22 PROPOSED JURY INSTRUCTIONS C2003/000 • 325590.2 117 WEALTH OF PARTIES 2 Requested by Plaintiff X Requested by Defendant X Requested by 3 Given on Court's 4 Given as Requested Given as Modified Motion 5 Refused 6 Withdrawn Judge 7 8 In reaching a verdict, you may not consider the wealth or poverty of any party. The parties' 9 wealth or poverty is not relevant to any of the issues that you must decide. 10 11 0 .... M Q) 12 3 ..... 13 "'"' .,.c .... UJ't:- >-Oo- - <( ooU 14 ~~~ 0"'-g 15 '0- ?;go o~> 16 ~0 u co ;;; 17 18 19 20 21 22 23 24 25 26 27 28 23 PROPOSED JURY INSTRUCTIONS C2003/000 • 325590.2 I 200 OBLIGATION TO PROVE- MORE LIKLEY TRUE THAN NOT TRUE 2 Requested by Plaintiff X Requested by Defendant X Requested by 3 4 Given as Requested Given as Modified Given on Court's Motion 5 Refused 6 Withdrawn Judge 7 8 A party must persuade you, by the evidence presented in court, that what he or she is 9 required to prove is more likely to be true than not true. This is referred to as "the burden of proof." IO After weighing all of the evidence, if you cannot decide that something is more likely to be II true than not true, you must conclude that the party did not prove it. You should consider all the ..,""" 0 I2 CD 3 evidence, no matter which party produced the evidence. . "'"' 13 ..,. !O.c" t- I- ~z< 0 o- In criminal trials, the prosecution must prove that the defendant is guilty beyond a g ~u I4 ~~~ reasonable doubt. But in civil trials, such as this one, the party who is required to prove something --Oo- ~z< g ~u 14 ~~~ 16 ~D u "'c;; 17 18 19 20 21 22 23 24 25 26 27 28 27 PROPOSED JURY INSTRUCTIONS C2003/000 • 325590.2 I 204 WILLFUL SUPPRESSION OF EVIDENCE 2 Requested by Plaintiff X Requested by Defendant X Requested by 3 4 Given as Requested Given as Modified Given on Court's Motion 5 Refused 6 Withdrawn Judge 7 8 You may consider whether one party intentionally concealed or destroyed evidence. If you 9 decide that a party did so, you may decide that the evidence would have been unfavorable to that 10 party. II 0 .... (") Q) I2 =s ..... 13 en-<> cnJ:,.._ wt- ..... 0 0. ~z< 8 ~u 14 ~~i 0"'-g 15 -o- ~go 0~~ 16 eu u co ;;; 17 18 19 20 21 22 23 24 25 26 27 28 28 PROPOSED JURY INSTRUCTIONS C2003/000. 325590.2 1 205 FAILURE TO EXPLAIN OR DENY EVIDENCE 2 Requested by Plaintiff X Requested by Defendant X Requested by 3 4 Given as Requested Given as Modified Given on Court's Motion Withdrawn Judge 7 8 If a party failed to explain or deny evidence against it when it could reasonably be expected 9 to have done so based on what it knew, you may consider its failure to explain or deny in 10 evaluating that evidence. 11 It is up to you to decide the meaning and importance of the failure to explain or deny 29 PROPOSED JURY INSTRUCTIONS ClOOJ/000 • 32SS90.2 206 EVIDENCE ADMITTED FOR LIMITED PURPOSE 2 Requested by Plaintiff X Requested by Defendant X Requested by 3 Given on Court's 4 Given as Requested Given as Modified Motion 5 Refused 6 Withdrawn Judge 7 8 During the trial, I explained to you that certain evidence was admitted for a limited 9 purpose. You may consider that evidence only for the limited purpose that I described, and not for 10 any other purpose. 11 0 .... (") 12 2 '5 ..... 13 V'l-o V')..c:,... LU1:- >-Q()o. -<( 0 ou 14 ~~i 0"'-g 15 '0- ~go o~> 16 ~B u co ;;; 17 18 19 20 21 22 23 24 25 26 27 28 30 PROPOSED JURY INSTRUCTIONS C2003/000 • 325590.2 208 DEPOSITION AS SUBSTANTIVE EVIDENCE 2 Requested by Plaintiff X Requested by Defendant X Requested by 3 4 Given as Requested Given as Modified Given on Court's Motion 5 Refused 6 Withdrawn Judge 7 8 During the trial, you received deposition testimony that was read from the deposition 9 transcript and shown by video. A deposition is the testimony of a person taken before trial. At a 10 deposition the person is sworn to tell the truth and is questioned by the attorneys. You must 11 consider the deposition testimony that was presented to you in the same way as you consider 12 testimony given in court. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31 PROPOSED JURY INSTRUCTIONS C2003/000- 325590.2 209 USE OF INTERROGATORIES OF A PARTY 2 Requested by Plaintiff X Requested by Defendant X Requested by 3 Given on Court's 4 Given as Requested Given as Modified Motion 5 Refused 6 Withdrawn Judge 7 8 Before trial, each party has the right to ask the other parties to answer written questions. 9 These questions are called interrogatories. The answers are also in writing and are given under 10 oath. You must consider the questions and answers that were read to you the same as if the 11 0 questions and answers had been given in court. "'" C') 12 ... Q) :sV>-o ffl..c:" 13 t- 1-0o- ~z< g ~u 14 ~~ c:: -oo- ~z< g ~u I4 ~~i 16 ~a u co ;;; I7 I8 I9 20 2I 22 23 24 25 26 27 28 33 PROPOSED JURY INSTRUCTIONS (2003/000. 325590.2 1 212 STATEMENTS OF A PARTY OPPONENT 2 Requested by Plaintiff X Requested by Defendant X Requested by 3 4 Given as Requested Given as Modified Given on Court's Motion 5 Refused 6 Withdrawn Judge 7 8 A party may offer into evidence any oral or written statement made by an opposing party 9 outside the courtroom. 10 When you evaluate evidence of such a statement, you must consider these questions: 11 1. Do you believe that the party actually made the statement? If you do not believe ~ C') Q) 12 '5 that the party made the statement, you may not consider the statement at all. ..... "'-o .,.c,._ 13 wt- >-oo- ~z< 2. If you believe that the statement was made, do you believe it was reported g ~u 14 ~~c: accurately? ~a 16 u with caution. iii p; 17 18 19 20 21 22 23 24 25 26 27 28 34