On September 24, 2007 a
Order
was filed
involving a dispute between
and
for (Breach of Contract/Warranty)
in the District Court of Sacramento County.
Preview
SUPERIOR COURT OF CALIFORNIA,
COUNTY OF SACRAMENTO
GORDON D SCHABER COURTHOUSE
MINUTE ORDER
DATE: 02/01/2011 TIME: 09:00:00 AM DEPT: 43
JUDICIAL OFFICER PRESIDING: Brian Van Camp
CLERK: A. Brown
REPORTER/ERM: NONE
BAILIFF/COURT ATTENDANT: A. Hughey
CASE NO: 07AS04450 CASE INIT.DATE: 09/24/2007
CASE TITLE: Rodney Abbott, et al vs. Ronald Paul Britschgi, et al
CASE CATEGORY: Civil - Unlimited
EVENT TYPE: Civil Jury Trial - Civil Trial
APPEARANCES
STEPHANIE FINELLI appeared telephonically and via email for the plaintiffs; TODD JONES appeared
telephonically and via email for the defendants
PROCEEDINGS: JURY TRIAL DAY ELEVEN
The above-entitled cause came on this date with all members of the jury being present and assembled
in front of the deliberation room. The jurors then entered the jury deliberation room and resumed their
deliberations.
At 12:00 p.m., the following communication was received from the jury:
"We, the jury in the above-entitled action, request the following:
A clarification on each parties responsibility in the first section of the contract – labled –Paragraph
2/exhibit 89.
Also
What constitutes significant damages/things – in question 2
Dated: 2-1-11 /S/ juror No. 3
Time: 12:00 Foreperson
All counsel were informed of the request by email. Counsel conferred and requested that the following
response be sent. Further, counsel discovered numbering errors in the form of verdict and transmitted a
revised form for the jurors to use, which was provided to the jurors.
To the jury in the above-entitled case:
In response to Question of 12:00:
What exactly is it that you are requesting clarification of in Exhibit 89?
Substantial performance: Substantial performance means that there has been no willful departure from
the terms of the contract, and no omission of any of its essential parts, and that the party has in good
faith performed all of its substantive terms.
An error has been found in your verdict form. Please use the verdict form provided with this response
DATE: 02/01/2011 MINUTE ORDER Page 1
DEPT: 43 Calendar No.
CASE TITLE: Rodney Abbott, et al vs. Ronald Paul CASE NO: 07AS04450
Britschgi, et al
and, at your convenience, please destroy the form you are currently using.
Dated: February 1, 2011
At 4:30 p.m., the jury, having not reached a verdict, adjourned for the evening to return February 2, at
9:00 a.m. in the hallway next to the deliberation room.
DATE: 02/01/2011 MINUTE ORDER Page 2
DEPT: 43 Calendar No.
Document Filed Date
February 02, 2011
Case Filing Date
September 24, 2007
Category
(Breach of Contract/Warranty)
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO GORDON D SCHABER COURTHOUSE MINUTE ORDER DATE: 02/01/2011 TIME: 09:00:00 AM DEPT: 43 JUDICIAL OFFICER PRESIDING: Brian Van Camp CLERK: A. Brown REPORTER/ERM: NONE BAILIFF/COURT ATTENDANT: A. Hughey CASE NO: 07AS04450 CASE INIT.DATE: 09/24/2007 CASE TITLE: Rodney Abbott, et al vs. Ronald Paul Britschgi, et al CASE CATEGORY: Civil - Unlimited EVENT TYPE: Civil Jury Trial - Civil Trial APPEARANCES STEPHANIE FINELLI appeared telephonically and via email for the plaintiffs; TODD JONES appeared telephonically and via email for the defendants PROCEEDINGS: JURY TRIAL DAY ELEVEN The above-entitled cause came on this date with all members of the jury being present and assembled in front of the deliberation room. The jurors then entered the jury deliberation room and resumed their deliberations. At 12:00 p.m., the following communication was received from the jury: "We, the jury in the above-entitled action, request the following: A clarification on each parties responsibility in the first section of the contract – labled –Paragraph 2/exhibit 89. Also What constitutes significant damages/things – in question 2 Dated: 2-1-11 /S/ juror No. 3 Time: 12:00 Foreperson All counsel were informed of the request by email. Counsel conferred and requested that the following response be sent. Further, counsel discovered numbering errors in the form of verdict and transmitted a revised form for the jurors to use, which was provided to the jurors. To the jury in the above-entitled case: In response to Question of 12:00: What exactly is it that you are requesting clarification of in Exhibit 89? Substantial performance: Substantial performance means that there has been no willful departure from the terms of the contract, and no omission of any of its essential parts, and that the party has in good faith performed all of its substantive terms. An error has been found in your verdict form. Please use the verdict form provided with this response DATE: 02/01/2011 MINUTE ORDER Page 1 DEPT: 43 Calendar No. CASE TITLE: Rodney Abbott, et al vs. Ronald Paul CASE NO: 07AS04450 Britschgi, et al and, at your convenience, please destroy the form you are currently using. Dated: February 1, 2011 At 4:30 p.m., the jury, having not reached a verdict, adjourned for the evening to return February 2, at 9:00 a.m. in the hallway next to the deliberation room. DATE: 02/01/2011 MINUTE ORDER Page 2 DEPT: 43 Calendar No.