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S U P E R I O R C O U R T OF C A L I F O R N I A
COUNTY OF SACRAMENTO
RODNEY AND FLORENTINE ABBOTT, Case Number: 07AS04450
Plaintiffs,
Department: 43
vs.
(proposed)
RICHARD RUYBALID DBA CA SPECIAL VERDICT
CONSTRUCTION AND MARK SMITH,
Defendants.
We, the jury in the above-indicated matter, answer the questions asked of us as follows
BREACH OF CONTRACT
CA Construction
1 Did the Abbotts and CA Construction enter into a contracf?
Yes No
If your answer to Question 1 is "Yes", then answer Question 2 If you answered "No",
answer Question 7
Did Plaintiffs ABBOTT do all, or substantially all, ofthe significant things that
the contract required them to do?
Yes No
If your answer to Question 2 is "Yes", then skip Question 3 and answer Question
4 If you answered "No", answer Question 7
Were the Plaintiffs ABBOTT excused from having to do all, or substantially all,
of the significant things that the contract required them to do'?
Yes No
If your answer to Question 3 is "Yes", then answer Question 4 If you answered
"No", then skip Questions 4, 5, and 6, and answer Question 7
4 Did Defendant CA CONSTRUCTION fail to do something that the contract required
them to do?
Yes No
If your answer to Question 4 is "Yes", then skip Questions 5 and 6, and answer
Question 7 If you answered no, then answer Question 5
5. Was Defendant CA CONSTRUCTION excused from having to do all, or
substantially all, of the significant things that the contract required him to do"?
Yes No
If your answer to Question 5 is "Yes", then skip Question 6, and answer Question
7 If you answered "No", then answer Question 6
6 Were the Plaintiffs ABBOTT harmed by the failure of CA CONSTRUCTION to
perform under the contracf?
Yes No
Please proceed to question No 7
NEGLIGENCE
CA CONSTRUCTION AND MARK SMITH
7. a Was CA Construction negligent in performing its work at the Abbott
home*?
Yes No
b Was Mark Smith dba Groundbreakers negligent in performing its
work at the Abbott home?
Yes No
If you answered "yes" in any part of Question 7, then answer question 8 If you
answered "no" to all parts of question 7, stop here, and proceed to question
No. 15.
8. For each party that received a "yes" answer in question 7, answer the following
Was CA Construction's negligence a substantial factor in causing harm
to the Abbott home?
Yes No
Was Mark Smith dba Groundbreakers' negligence a substantial factor
in causing harm to the Abbott home*?
Yes No
If you answered "yes" in any part of question 8, then answer question 9 If you
answered "no" to all parts of question 8, proceed to question 15
9. What are the Plaintiffs Abbott's total damages? Do not reduce the damages
based on the fault, if any, of the Plaintiffs Abbott or others
TOTAL
If the Plaintiffs Abbott have proved any damages, then answer question 10 If the
Plaintiffs Abbott have not proved any damages, then stop here, and proceed to
question No 15
PLAINTIFFS' CONTRIBUTORY NEGLIGENCE
10 Were the ABBOTTS negligenf?
Yes No
If your answer to question 10 is " yes," then answer question 11 If you answered
"no," then answer question 12
11 Were the Abbott's negligence a substantial factor in causing their harm'?
Yes No
If your answer to question 11 is " yes," then answer question 12 If you answered
"no", then insert the number zero next to Plaintiffs Abbott's name in question
14 and answer question 12
THE NEGLIGENCE OF OTHERS
12 Was RONALD BRITSCHGI negligenf?
Yes No
Was CADRE DESIGN GROUP, INC negligenf?
Yes No
If you answered yes to any part of 12, then answer question 13 If you answered
no to all parts of question 12, answer question 14
13 For each person who received a "yes" answer in question 12, answer the
following
Was RONALD BRITSCHGI's negligence a substantial factor in causing the harm
to Plaintiffs ABBOTT?
Yes No
Was CADRE DESIGN GROUP, INC 's negligence a substantial factor in causing
the harm to Plaintiffs ABBOTT'?
Yes No
If you answered yes to any part of 13, then answer question 14 If you answered
no regarding all persons in question 13, then insert the number zero next to their
names in question 14 and answer question 15
14 What percentage of responsibility for Plaintiffs Abbott's harm do you assign to
the following'? Insert a percentage for only those who received "yes" answers in
questions 8, 11, or 13
CA CONSTRUCTION- _%
MARK SMITH _%
PLAINTIFFS ABBOI 1 _%
RONALD BRITSCHGI _%
CADRE DESIGN GROUP, INC _%
TOTAL 100 _ %
VIOLATION OF THE BUSINESS AND PROFESSIONS CODES
< CA CONSTRUCTION
Please answer questions 15, 16, and 17
15 Did Defendant RICHARD KIRK RUYBALID dba CA CONSTRUCTION
willfully depart from accepted trade standards for good and workmanlike construction'?
YES NO
16 Did Defendant RICHARD KIRK RUYBALID dba CA CONSTRUCTION
perform work as a concrete contractor without a valid C-8 license'?
YES NO
17 Did Defendant RICHARD KIRK RUYBALID dba CA CONSTRUCTION knowingly make
false or fraudulent representations to Plaintiffs about his ability to properly perform the
services he was required to perform under the contract with the Plaintiffs'?
YES NO
Ifyou answered Question 15, 16 or 17 "Yes", then answer Question 18 and sign the
form If you answered "No", then sign the form
18 Were the Plaintiffs harmed by this violation'?
YES NO
Dated Signed
Foreperson
After you have completed this form, please inform the Court Attendant
Stipulated to as to form
January 31, 2011
January 31, 2011
Stephanie Finelli
Preview
S U P E R I O R C O U R T OF C A L I F O R N I A COUNTY OF SACRAMENTO RODNEY AND FLORENTINE ABBOTT, Case Number: 07AS04450 Plaintiffs, Department: 43 vs. (proposed) RICHARD RUYBALID DBA CA SPECIAL VERDICT CONSTRUCTION AND MARK SMITH, Defendants. We, the jury in the above-indicated matter, answer the questions asked of us as follows BREACH OF CONTRACT CA Construction 1 Did the Abbotts and CA Construction enter into a contracf? Yes No If your answer to Question 1 is "Yes", then answer Question 2 If you answered "No", answer Question 7 Did Plaintiffs ABBOTT do all, or substantially all, ofthe significant things that the contract required them to do? Yes No If your answer to Question 2 is "Yes", then skip Question 3 and answer Question 4 If you answered "No", answer Question 7 Were the Plaintiffs ABBOTT excused from having to do all, or substantially all, of the significant things that the contract required them to do'? Yes No If your answer to Question 3 is "Yes", then answer Question 4 If you answered "No", then skip Questions 4, 5, and 6, and answer Question 7 4 Did Defendant CA CONSTRUCTION fail to do something that the contract required them to do? Yes No If your answer to Question 4 is "Yes", then skip Questions 5 and 6, and answer Question 7 If you answered no, then answer Question 5 5. Was Defendant CA CONSTRUCTION excused from having to do all, or substantially all, of the significant things that the contract required him to do"? Yes No If your answer to Question 5 is "Yes", then skip Question 6, and answer Question 7 If you answered "No", then answer Question 6 6 Were the Plaintiffs ABBOTT harmed by the failure of CA CONSTRUCTION to perform under the contracf? Yes No Please proceed to question No 7 NEGLIGENCE CA CONSTRUCTION AND MARK SMITH 7. a Was CA Construction negligent in performing its work at the Abbott home*? Yes No b Was Mark Smith dba Groundbreakers negligent in performing its work at the Abbott home? Yes No If you answered "yes" in any part of Question 7, then answer question 8 If you answered "no" to all parts of question 7, stop here, and proceed to question No. 15. 8. For each party that received a "yes" answer in question 7, answer the following Was CA Construction's negligence a substantial factor in causing harm to the Abbott home? Yes No Was Mark Smith dba Groundbreakers' negligence a substantial factor in causing harm to the Abbott home*? Yes No If you answered "yes" in any part of question 8, then answer question 9 If you answered "no" to all parts of question 8, proceed to question 15 9. What are the Plaintiffs Abbott's total damages? Do not reduce the damages based on the fault, if any, of the Plaintiffs Abbott or others TOTAL If the Plaintiffs Abbott have proved any damages, then answer question 10 If the Plaintiffs Abbott have not proved any damages, then stop here, and proceed to question No 15 PLAINTIFFS' CONTRIBUTORY NEGLIGENCE 10 Were the ABBOTTS negligenf? Yes No If your answer to question 10 is " yes," then answer question 11 If you answered "no," then answer question 12 11 Were the Abbott's negligence a substantial factor in causing their harm'? Yes No If your answer to question 11 is " yes," then answer question 12 If you answered "no", then insert the number zero next to Plaintiffs Abbott's name in question 14 and answer question 12 THE NEGLIGENCE OF OTHERS 12 Was RONALD BRITSCHGI negligenf? Yes No Was CADRE DESIGN GROUP, INC negligenf? Yes No If you answered yes to any part of 12, then answer question 13 If you answered no to all parts of question 12, answer question 14 13 For each person who received a "yes" answer in question 12, answer the following Was RONALD BRITSCHGI's negligence a substantial factor in causing the harm to Plaintiffs ABBOTT? Yes No Was CADRE DESIGN GROUP, INC 's negligence a substantial factor in causing the harm to Plaintiffs ABBOTT'? Yes No If you answered yes to any part of 13, then answer question 14 If you answered no regarding all persons in question 13, then insert the number zero next to their names in question 14 and answer question 15 14 What percentage of responsibility for Plaintiffs Abbott's harm do you assign to the following'? Insert a percentage for only those who received "yes" answers in questions 8, 11, or 13 CA CONSTRUCTION- _% MARK SMITH _% PLAINTIFFS ABBOI 1 _% RONALD BRITSCHGI _% CADRE DESIGN GROUP, INC _% TOTAL 100 _ % VIOLATION OF THE BUSINESS AND PROFESSIONS CODES < CA CONSTRUCTION Please answer questions 15, 16, and 17 15 Did Defendant RICHARD KIRK RUYBALID dba CA CONSTRUCTION willfully depart from accepted trade standards for good and workmanlike construction'? YES NO 16 Did Defendant RICHARD KIRK RUYBALID dba CA CONSTRUCTION perform work as a concrete contractor without a valid C-8 license'? YES NO 17 Did Defendant RICHARD KIRK RUYBALID dba CA CONSTRUCTION knowingly make false or fraudulent representations to Plaintiffs about his ability to properly perform the services he was required to perform under the contract with the Plaintiffs'? YES NO Ifyou answered Question 15, 16 or 17 "Yes", then answer Question 18 and sign the form If you answered "No", then sign the form 18 Were the Plaintiffs harmed by this violation'? YES NO Dated Signed Foreperson After you have completed this form, please inform the Court Attendant Stipulated to as to form January 31, 2011 January 31, 2011 Stephanie Finelli