Preview
Robert Weinstein [Bar No. 140412] FCOURTEF
IL Q
CALlFORNIA
SUPER‘IOR
ROBERT S. WEINSTEIN & ASSOC. COUNTY OF SAN BERNARDINO
12401 Wilshire Boulevard, Suite 200 SAN BERNARDINO DISTRICT
Los Angeles, California 90025
APR {)3 2023
T: (310) 277-7762
1039 S. Palm Canyon Drive
Palm Springs, California 92264
T: (760) 797-5502
a (é: Fir
GREG TREHART. DEPUTY
OOOONQUIAUJN—
Weinsteinlaw] 00@aol. com
Ian Herzog [Bar No. 41396]
HERZOG, YUHAS, EHRLICH & ARDELL
A Professional Corporation
1 1400 West Olympic Boulevard, Suite 1150
Los Angeles, California 90064
Telephone: (3 10) 458-6660
Facsimile (310) 458-9065
:
herzog@ix.netcom.com
Attorneys for Plaintiffs
BRIAN MAHAFFEY & ASHLEY MAHAFFEY
IN THE SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO — CENTRAL
BRIAN MAHAFFEY and ASHLEY CASE NO.: CIVDSl908657
NNNNNNNNmt—IHfl—n—flp—Ap—t——t
MAHAFFEY,
[Assignedfor All Purposes t0 the Hon. Brian S.
Plaintiffs, McCarville, Dept. S30]
WNQMAWN—OCWNQM-PWNH
vs. PLAINTIFFS’ PROPOSED JURY
INSTRUCTIONS
RICHARD WILSON; JOSE MEDINA;
COLORAMA WHOLESALE NURSERY dba DATE : January 9, 2023
COLORAMA; and DOES through 100, 1 TIME : 10:00 A.M.
Inclusive. DEPT. : S30
Defendants. DATE FILED March 21, 2019
TRIAL DATE April 10, 2023
///
///
///
CACI No. 100
Preliminary Admonitions
You have now been sworn as jurors in this case. I want to impress 0n you the seriousness and
importance 0f serving 0n ajury. Trial by jury is a fundamental right in California. The parties have a
OOOOQONUI-PUJN—d
right t0 ajury that is selected fairly, that comes to the case without bias, and that will attempt t0 reach
a verdict based on the evidence presented. Before we begin, I need to explain how you must conduct
yourselves during the trial.
Do not allow anything that happens outside this courtroom to affect your decision. During the trial do
not talk about this case or the people involved in it with anyone, including family and persons living
in your household, friends and co-workers, spiritual leaders, advisers, or therapists. You may say you
are 0n a jury and how long the trial may take, but that is all. You must not even talk about the case
with the otherjurors until after I tell you that it is time for you t0 decide the case.
This prohibition is not limited to face-to-face conversations. It also extends t0 all forms of electronic
communications. D0 not use any electronic device 0r media, such as a cell phone or smart phone,
PDA, computer, the Internet, any Internet service, any text or instant-messaging service, any Internet
chat room, blog, or website, including social networking websites or online diaries, to send or receive
any information to 0r from anyone about this case or your experience as a juror until after you have
NNNNNNNNNfl—It—I—t—I—I—AH—a—
been discharged from yourjury duty.
mfiothN—‘OOOONQLh-PWNfl
During the trial you must not listen t0 anyone else talk about the case 0r the people involved in the
case. You must avoid any contact with the parties, the lawyers, the witnesses, and anyone else who
may have a connection to the case. If anyone tries to talk t0 you about this case, tell that person that
you cannot discuss it because you are a juror. If that person keeps talking t0 you, simply walk away
and report the incident to the court [attendant/bailiff] as soon as you can.
After the trial is over and I have released you from jury duty, you may discuss the case with anyone,
but you are not required t0 do so.
During the trial, do not read, listen to, or watch any news reports about this case. [I have no
information that there will be news reports concerning this case.] This prohibition extends t0 the use
0f the Internet in any way, including reading any blog about the case or about anyone involved with
it. If you receive any information about this case from any source outside of the courtroom, promptly
_2_
Preview
Robert Weinstein [Bar No. 140412] FCOURTEF IL Q CALlFORNIA SUPER‘IOR ROBERT S. WEINSTEIN & ASSOC. COUNTY OF SAN BERNARDINO 12401 Wilshire Boulevard, Suite 200 SAN BERNARDINO DISTRICT Los Angeles, California 90025 APR {)3 2023 T: (310) 277-7762 1039 S. Palm Canyon Drive Palm Springs, California 92264 T: (760) 797-5502 a (é: Fir GREG TREHART. DEPUTY OOOONQUIAUJN— Weinsteinlaw] 00@aol. com Ian Herzog [Bar No. 41396] HERZOG, YUHAS, EHRLICH & ARDELL A Professional Corporation 1 1400 West Olympic Boulevard, Suite 1150 Los Angeles, California 90064 Telephone: (3 10) 458-6660 Facsimile (310) 458-9065 : herzog@ix.netcom.com Attorneys for Plaintiffs BRIAN MAHAFFEY & ASHLEY MAHAFFEY IN THE SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO — CENTRAL BRIAN MAHAFFEY and ASHLEY CASE NO.: CIVDSl908657 NNNNNNNNmt—IHfl—n—flp—Ap—t——t MAHAFFEY, [Assignedfor All Purposes t0 the Hon. Brian S. Plaintiffs, McCarville, Dept. S30] WNQMAWN—OCWNQM-PWNH vs. PLAINTIFFS’ PROPOSED JURY INSTRUCTIONS RICHARD WILSON; JOSE MEDINA; COLORAMA WHOLESALE NURSERY dba DATE : January 9, 2023 COLORAMA; and DOES through 100, 1 TIME : 10:00 A.M. Inclusive. DEPT. : S30 Defendants. DATE FILED March 21, 2019 TRIAL DATE April 10, 2023 /// /// /// CACI No. 100 Preliminary Admonitions You have now been sworn as jurors in this case. I want to impress 0n you the seriousness and importance 0f serving 0n ajury. Trial by jury is a fundamental right in California. The parties have a OOOOQONUI-PUJN—d right t0 ajury that is selected fairly, that comes to the case without bias, and that will attempt t0 reach a verdict based on the evidence presented. Before we begin, I need to explain how you must conduct yourselves during the trial. Do not allow anything that happens outside this courtroom to affect your decision. During the trial do not talk about this case or the people involved in it with anyone, including family and persons living in your household, friends and co-workers, spiritual leaders, advisers, or therapists. You may say you are 0n a jury and how long the trial may take, but that is all. You must not even talk about the case with the otherjurors until after I tell you that it is time for you t0 decide the case. This prohibition is not limited to face-to-face conversations. It also extends t0 all forms of electronic communications. D0 not use any electronic device 0r media, such as a cell phone or smart phone, PDA, computer, the Internet, any Internet service, any text or instant-messaging service, any Internet chat room, blog, or website, including social networking websites or online diaries, to send or receive any information to 0r from anyone about this case or your experience as a juror until after you have NNNNNNNNNfl—It—I—t—I—I—AH—a— been discharged from yourjury duty. mfiothN—‘OOOONQLh-PWNfl During the trial you must not listen t0 anyone else talk about the case 0r the people involved in the case. You must avoid any contact with the parties, the lawyers, the witnesses, and anyone else who may have a connection to the case. If anyone tries to talk t0 you about this case, tell that person that you cannot discuss it because you are a juror. If that person keeps talking t0 you, simply walk away and report the incident to the court [attendant/bailiff] as soon as you can. After the trial is over and I have released you from jury duty, you may discuss the case with anyone, but you are not required t0 do so. During the trial, do not read, listen to, or watch any news reports about this case. [I have no information that there will be news reports concerning this case.] This prohibition extends t0 the use 0f the Internet in any way, including reading any blog about the case or about anyone involved with it. If you receive any information about this case from any source outside of the courtroom, promptly _2_