Preview
1 J. Peter Shearer, Esq. (State Bar No. 142176)
PIERCE & SHEARER LLP
2 730 Polhemus Road, Suite 101
San Mateo, CA 94402
3 Phone: (650) 573-9300
4 Fax: (650) 378-8152
peter@pierceshearer.com
5 Attorneys for Plaintiff/Cross-Defendant
6 CYNDI HOFFMANN
7
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ
8
UNLIMITED JURISDICTION
9
10 CYNDI HOFFMANN, an individual, Case No.: 19CV02735
11 Plaintiff, PLAINTIFF/ CROSS-DEFENDANT CYNDI
v. HOFFMANN'S PROPOSED JURY
12 INSTRUCTIONS
ALLIANCE MANUFACTURED HOMES,
13 Date: March 25, 2024
INC., a California Corporation; ALLIANCE
14 MANUFACTURED HOMES HOLDINGS, Time: 9:00 a.m.
INC., a California Corporation; BRAD Dept.: TBD
15 DATSON, an individual (via MARIJANE Judge: TBD
DATSON as his Successor in Interest in this
16 Action After He Passed Away Earlier in this Original Complaint Filed: September 9, 2019
Litigation); and DOES 1-15, inclusive, Second Amended
17
Complaint Filed: November 15, 2023
18 Defendants.
2nd (AMH) Amended
19 Cross-Complaint Allowed: March 31, 2023
AND RELATED CROSS-ACTIONS
20 Trial Date: March 25, 2024
21
22 III
23
24
25
26
27
28
PLTF/ X-DEF MS. HOFFMANN's [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 Plaintiff/ Cross-Defendant Cyndi Hoffmann ("Ms. Hoffmann") hereby submits these proposed
2 jury instructions for the upcoming action's ("Action") trial involving her and Defendant/ CrossÂ
3 Complainant Alliance Manufactured Hornes, Inc. ("AMH") and Defendant Alliance Manufactured
Hornes Holdings, Inc. ("Holdings," and, collectively with AMH, the "AMH Parties"), and Defendant
4
Brad Datson ("Mr. Datson" -- Mr. Datson's wife, Marijane Datson ["Mrs. Datson"], and collectively
5
with Mr. Datson, the "Datsons," became Mr. Datson's successor in interest for all purposes in this
6
Action after he passed away earlier in the litigation).
7
8 INDEX OF PROPOSED JURY INSTRUCTIONS:
9 1. CACI No. 100 - Preliminary Admonitions
10 a. Given As Proposed
b. Given as Modified
11
c. Refused
12
d. Withdrawn
13
14 2. CACI No. 101-Overview of Trial
15 a. Given As Proposed
16 b. Given as Modified
c. Refused
17
d. Withdrawn
18
19
3. CACI No. 102-Taking Notes During the Trial
20 a. Given As Proposed
21 b. Given as Modified
22 c. Refused
d. Withdrawn
23
24
4. CACI No. 106-Evidence
25
a. Given As Proposed
26 b. Given as Modified
27 C. Refused
28 d. Withdrawn
1
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 5. CACI No. 107 - Witnesses
2 a. Given As Proposed
3 b. Given as Modified
C. Refused
4
d. Withdrawn
5
6
6. CACI No. 111 - Instruction to Alternate Jurors
7 a. Given As Proposed
8 b. Given as Modified
9 c. Refused
10 d. Withdrawn
11
7. CACI No. 112-Questions from Jurors
12
a. Given As Proposed
13 b. Given as Modified
14 c. Refused
15 d. Withdrawn
16
8. CACI No. 113 - Bias
17
a. Given As Proposed
18
b. Given as Modified
19 C. Refused
20 d. Withdrawn
21
22 9. CACI No. 116-Why Electronic Communications and Research Are Prohibited
a. Given As Proposed
23
b. Given as Modified
24
c. Refused
25
d. Withdrawn
26
27 10. CACI No. 200 - Obligation to Prove-More Likely True Than Not True
28 a. Given As Proposed
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 b. Given as Modified
2 c. Refused
3 d. Withdrawn
4
5 11. CACI No. 202 - Direct and Indirect Evidence
6 a. Given As Proposed
b. Given as Modified
7
c. Refused
8
d. Withdrawn
9
10 12. CACI No. 203 - Party Having Power to Produce Better Evidenece
11 a. Given As Proposed
12 b. Given as Modified
13 c. Refused
d. Withdrawn
14
15
13. CACI No. 204- Willful Suppression of Evidence
16 a. Given As Proposed
17 b. Given as Modified
18 c. Refused
19 d. Withdrawn
20
14. CACI No. 205-Failure to Explain or Deny Evidence
21
a. Given As Proposed
22
b. Given as Modified
23 c. Refused
24 d. Withdrawn
25
15. CACI No. 208-Deposition as Substantive Evidence
26
a. Given As Proposed
27
b. Given as Modified
28
3
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 c. Refused
2 d. Withdrawn
3
16. CACI No. 210-Requests for Admissions
4
a. Given As Proposed
5
b. Given as Modified
6
c. Refused
7 d. Withdrawn
8
9 17. CACI No. 212-Statements of a Party Opponent
10 a. Given As Proposed
b. Given as Modified
11
c. Refused
12
d. Withdrawn
13
14 18. CACI No. 213 -Adoptive Admission
15 a. Given As Proposed
16 b. Given as Modified
c. Refused
17
d. Withdrawn
18
19 CACI No. 219-Expert Witness Testimony
19.
20 a. Given As Proposed
21 b. Given as Modified
22 c. Refused
d. Withdrawn
23
24
20. CACI No. 220-Experts-Questions Containing Assumed Facts
25
a. Given As Proposed
26 b. Given as Modified
27 c. Refused
28 d. Withdrawn
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 21. CACI No. 223-Opinion Testimony of Lay Witness
2 a. Given As Proposed
3 b. Given as Modified
c. Refused
4
d. Withdrawn
5
6
ASSAULT AND BATTERY:
7
8
22. CACI No. 1300-Battery-Essential Factual Elements
9
a. Given As Proposed
10 b. Given as Modified
11 c. Refused
12 d. Withdrawn
13
23. CACI No. 1301 - Assault-Essential Factual Elements
14
a. Given As Proposed
15
b. Given as Modified
16 c. Refused
17 d. Withdrawn
18
19 24. CACI No. 1302 - Consent Explained
a. Given As Proposed
20
b. Given as Modified
21
c. Refused
22
d. Withdrawn
23
24 25. CACI No. 1306 - Sexual Battery-Essential Factual Elements (Civ. Code, § 1708.5)
25 a. Given As Proposed
b. Given as Modified
26
c. Refused
27
d. Withdrawn
28
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1
2 26. CACI No. 1320-Intent
3 a. Given As Proposed
b. Given as Modified
4
c. Refused
5
d. Withdrawn
6
7
DISCRIMINATION:
8
27. CACI No. 2431-Constructive Discharge in Violation of Public Policy-Plaintiff
9
Required to Violate Public Policy
10 a. Given As Proposed
11 b. Given as Modified
12 c. Refused
13 d. Withdrawn
14
28. CACI No. 2432-Constructive Discharge in Violation of Public Policy-Plaintiff
15
Required to Endure Intolerable Conditions That Violate Public Policy
16 a. Given As Proposed
17 b. Given as Modified
18 c. Refused
19 d. Withdrawn
20
29. CACI No. 2500-Disparate Treatment-Essential Factual Elements
21
a. Given As Proposed
22
b. Given as Modified
23 c. Refused
24 d. Withdrawn
25
30. CACI No. 2505-Retaliation-Essential Factual Elements
26
a. Given As Proposed
27
b. Given as Modified
28
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 c. Refused
2 d. Withdrawn
3
31. CACI No. 2507 - "Substantial Motivating Reason" Explained
4
a. Given As Proposed
5
b. Given as Modified
6
c. Refused
7 d. Withdrawn
8
9 32. CACI No. 2521A - Work Environment Harassment -Conduct Directed at PlaintiffÂ
10 Essential Factual Elements-Employer or Entity Defendant
a. Given As Proposed
11
b. Given as Modified
12
c. Refused
13 d. Withdrawn
14
15 33. Special Jury Instruction No. 1 -Work Environment Harassment
16 a. Given As Proposed
b. Given as Modified
17
c. Refused
18
d. Withdrawn
19
20 34. CACI No. 2523 - "Harassing Conduct" Explained
21 a. Given As Proposed
22 b. Given as Modified
c. Refused
23
d. Withdrawn
24
25
35. CACI No. 2524 - "Severe or Pervasive" Explained
26 a. Given As Proposed
27 b. Given as Modified
28 c. Refused
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 d. Withdrawn
2
3
36. CACI No. 2527-Failure to Prevent Harassment,Discrimination or Retaliation-Essential
4 Factual Elements-Employer or Entity Defendant (Gov. Code,§ 12940(k))
5 a. Given As Proposed
6 b. Given as Modified
c. Refused
7
d. Withdrawn
8
9
37. CACI No. 2528-Failure to Prevent Harassment by Nonemployee (Gov. Code, §
10 12940G))
11 a. Given As Proposed
12 b. Given as Modified
13 c. Refused
d. Withdrawn
14
15
38. Special Jury Instruction No. 2-Retaliation,Labor Code § 98.6
16 a. Given As Proposed
17 b. Given as Modified
18 c. Refused
19 d. Withdrawn
20
39. Special Jury Instruction No. 3-Violation of the Ralph Act (Civ. Code,§ 51.7)
21
a. Given As Proposed
22
b. Given as Modified
23 c. Refused
24 d. Withdrawn
25
40. CACI No. 3065 - Sexual Harassment in Defined Relationship-Essential Factual
26
Elements (Civ. Code,§ 51.9)
27
a. Given As Proposed
28
8
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 b. Given as Modified
2 c. Refused
3 d. Withdrawn
4
41. CACI No. 3068-Ralph Act-Damages and Penalty (Civ. Code, § § 51.7, 52(b))
5
a. Given As Proposed
6
b. Given as Modified
7 c. Refused
8 d. Withdrawn
9
10 BREACH OF CONTRACT:
11 42. CACI No. 300-Breach of Contract-Introduction
12 a. Given As Proposed
13 b. Given as Modified
c. Refused
14
d. Withdrawn
15
16 43. CACI No. 302-Contract Fonnation-Essential Factual Elements
17 a. Given As Proposed
18 b. Given as Modified
19 c. Refused
d. Withdrawn
20
21
44. CACI No. 303-Breach of Contract-Essential Factual Elements
22
a. Given As Proposed
23 b. Given as Modified
24 c. Refused
25 d. Withdrawn
26
45. CACI No. 304-Oral or Written Contract Terms
27
a. Given As Proposed
28
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 b. Given as Modified
2 c. Refused
3 d. Withdrawn
4
46. CACI No. 310-Contract Formation-Acceptance by Silence
5
a. Given As Proposed
6
b. Given as Modified
7 c. Refused
8 d. Withdrawn
9
10 47. CACI No. 312-Substantial Performance
a. Given As Proposed
11
b. Given as Modified
12
c. Refused
13 d. Withdrawn
14
15 48. CACI No. 314 - Interpretation-Disputed Words
16 a. Given As Proposed
b. Given as Modified
17
c. Refused
18
d. Withdrawn
19
20 49. CACI No. 315-Interpretation-Meaning of Ordinary Words
21 a. Given As Proposed
22 b. Given as Modified
c. Refused
23
d. Withdrawn
24
25
50. CACI No. 316-Interpretation-Meaning of Technical Words
26 a. Given As Proposed
27 b. Given as Modified
28 c. Refused
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 d. Withdrawn
2
3 51. CACI No. 317-Interpretation-Construction of Contract as a Whole
a. Given As Proposed
4
b. Given as Modified
5
c. Refused
6
d. Withdrawn
7
8 52. CACI No. 318-Interpretation-Construction by Conduct
9 a. Given As Proposed
10 b. Given as Modified
c. Refused
11
d. Withdrawn
12
13 53. CACI No. 320 - Interpretation-Construction Against Drafter
14 a. Given As Proposed
15 b. Given as Modified
16 c. Refused
d. Withdrawn
17
18
54. CACI No. 3 50-Introduction to Contract Damages
19
a. Given As Proposed
20 b. Given as Modified
21 c. Refused
22 d. Withdrawn
23
55. CACI No. 3 55-Obligation to Pay Money Only
24
a. Given As Proposed
25
b. Given as Modified
26 c. Refused
27 d. Withdrawn
28
11
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 LABOR CODE ACTIONS:
2 56. CACI No. 2700-Nonpayment of Wages-Essential Factual Elements (Lab. Code,§ §
3 201,202,218)
a. Given As Proposed
4
b. Given as Modified
5
c. Refused
6
d. Withdrawn
7
8 57. CACI No. 2701 - Nonpayment of Minimum Wage-Essential Factual Elements (Lab.
9 Code, § 1194)
10 a. Given As Proposed
b. Given as Modified
11
c. Refused
12
d. Withdrawn
13
14 58. CACI No. 2702-Nonpayment of Overtime Compensation-Essential Factual Elements
15 (Lab. Code,§ 1194)
16 a. Given As Proposed
b. Given as Modified
17
c. Refused
18
d. Withdrawn
19
20 59. CACI No. 2703 Nonpayment of Overtime Compensation-Proof of Overtime Hours
21 Worked
22 a. Given As Proposed
b. Given as Modified
23
c. Refused
24
d. Withdrawn
25
26 60. CACI No. 2704 - Waiting-Time Penalty for Nonpayment of Wages (Lab. Code,§ § 203,
27 218)
28 a. Given As Proposed
12
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 b. Given as Modified
2 c. Refused
3 d. Withdrawn
4
61. CACI No. 2750-Failure to Reimburse Employee for Necessary Expenditures or LossesÂ
5
Essential Factual Elements (Lab. Code, § 2802(a))
6
a. Given As Proposed
7 b. Given as Modified
8 c. Refused
9 d. Withdrawn
10
62. CACI No. 2760-Rest Break Violations-Introduction (Lab. Code, § 226.7)
11
a. Given As Proposed
12
b. Given as Modified
13 c. Refused
14 d. Withdrawn
15
16 63. CACI No. 2761-Rest Break Violations-Essential Factual Elements (Lab. Code, §
226.7)
17
a. Given As Proposed
18
b. Given as Modified
19
c. Refused
20 d. Withdrawn
21
22 64. CACI No. 2762-Rest Break Violations-Pay Owed
a. Given As Proposed
23
b. Given as Modified
24
c. Refused
25
d. Withdrawn
26
27 65. CACI No. 2765-Meal Break Violations-Introduction (Lab. Code, § § 226.7, 512)
28 a. Given As Proposed
13
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 b. Given as Modified
2 c. Refused
3 d. Withdrawn
4
66. CACI No. 2766A - Meal Break Violations-Essential Factual Elements (Lab. Code, § §
5
226.7, 512)
6
a. Given As Proposed
7 b. Given as Modified
8 c. Refused
9 d. Withdrawn
10
67. CACI No. 2766: Meal Break Violations-Rebuttable Presumption-Employer Records
11
a. Given As Proposed
12
b. Given as Modified
13 c. Refused
14 d. Withdrawn
15
16 68. CACI No. 2767 - Meal Break Violations-Pay Owed
a. Given As Proposed
17
b. Given as Modified
18
c. Refused
19
d. Withdrawn
20
21 69. Special Jury Instruction No. 4 - Classification of Employee - Dynamex Standard
22 a. Given As Proposed
b. Given as Modified
23
c. Refused
24
d. Withdrawn
25
26 70. Special Jury Instruction No. 5 - Classification of Employee - Borello Standard
27 a. Given As Proposed
28 b. Given as Modified
14
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 c. Refused
2 d. Withdrawn
3
71. Special Jury Instruction No. 6-Violation of Labor Code § 233
4
a. Given As Proposed
5
b. Given as Modified
6
c. Refused
7 d. Withdrawn
8
9 72. Special Jury Instruction No. 7-Violation of Labor Code § 204
10 a. Given As Proposed
b. Given as Modified
11
c. Refused
12
d. Withdrawn
13
14 73. Special Jury Instruction No. 8-Violation of Labor Code § 226 - Itemized Statements
15 a. Given As Proposed
16 b. Given as Modified
c. Refused
17
d. Withdrawn
18
19
74. Special Jury Instruction No. 9-Violation of Labor Code § 226 - Requests
20 a. Given As Proposed
21 b. Given as Modified
22 c. Refused
d. Withdrawn
23
24
75. Special Jury Instruction No. 10-Violation of Labor Code § 1198.5
25
a. Given As Proposed
26 b. Given as Modified
27 C. Refused
28 d. Withdrawn
15
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1
2 76. Special Jury Instruction No. 11-Violation of Labor Code § 2698
3 a. Given As Proposed
b. Given as Modified
4
c. Refused
5
d. Withdrawn
6
RESTITUTION:
7
77. CACI No. 375-Restitution From Transferee Based on Quasi-Contract or Unjust
8
Emichment
9
a. Given As Proposed
10 b. Given as Modified
11 c. Refused
12 d. Withdrawn
13
78. Special Jury Instructions No. 12-Unjust Business Practices-Bus. & Prof. Code § 17200,
14
et seq.
15
a. Given As Proposed
16 b. Given as Modified
17 c. Refused
18 d. Withdrawn
19 DAMAGES:
20 79. CACI No. 3900-Introduction to Tort Damages - Liability Contested
21 a. Given As Proposed
22 b. Given as Modified
c. Refused
23
d. Withdrawn
24
25
80. CACI No. 3902-Economic and Noneconomic Damages
26 a. Given As Proposed
27 b. Given as Modified
28 c. Refused
16
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 d. Withdrawn
2
3 81. CACI No. 3903 -Items of Economic Damage
a. Given As Proposed
4
b. Given as Modified
5
c. Refused
6
d. Withdrawn
7
8 82. CACI No. 3903A - Medical Expenses-Past and Future (Economic Damage)
9 a. Given As Proposed
10 b. Given as Modified
c. Refused
11
d. Withdrawn
12
13 83. CACI No. 3903C-Past and Future Lost Earnings (Economic Damage)
14 a. Given As Proposed
15 b. Given as Modified
16 c. Refused
d. Withdrawn
17
18
84. CACI No. 3905-Items of Noneconomic Damage
19 a. Given As Proposed
20 b. Given as Modified
21 c. Refused
22 d. Withdrawn
23
85. CACI No. 3905A-Physical Pain, Mental Suffering,and Emotional Distress
24
(Noneconomic Damage)
25
a. Given As Proposed
26 b. Given as Modified
27 c. Refused
28 d. Withdrawn
17
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1
2 86. CACI No. 3933-Damages from Multiple Defendants
3 a. Given As Proposed
b. Given as Modified
4
c. Refused
5
d. Withdrawn
6
7 87. CACI No. 3934-Damages on Multiple Legal Theories
8 a. Given As Proposed
9 b. Given as Modified
10 c. Refused
d. Withdrawn
11
12
88. CACI No. 3940-Punitive Damages-Individual Defendant-Trial Not Bifurcated
13 a. Given As Proposed
14 b. Given as Modified
15 c. Refused
16 d. Withdrawn
17
89. CACI No. 3945-Punitive Damages-Entity Defendant-Trial Not Bifurcated
18
a. Given As Proposed
19
b. Given as Modified
20 c. Refused
21 d. Withdrawn
22
23 CROSS-COMPLAINT - AFFIRMATIVE DEFENSES:
24 90. CACI No. 4400-Misappropriation of Trade Secrets-Introduction
25 a. Given As Proposed
b. Given as Modified
26
c. Refused
27
d. Withdrawn
28
18
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1
2 91. CACI No. 4401-Misappropriation of Trade Secrets-Essential Factual Elements
3 a. Given As Proposed
b. Given as Modified
4
c. Refused
5
d. Withdrawn
6
7 92. CACI No. 4402-"Trade Secret" Defined
8 a. Given As Proposed
9 b. Given as Modified
10 c. Refused
d. Withdrawn
11
12
93. CACI No. 4403-Secrecy Requirement
13 a. Given As Proposed
14 b. Given as Modified
15 c. Refused
16 d. Withdrawn
17
94. CACI No. 4404-Reasonable Efforts to Protect Secrecy
18
a. Given As Proposed
19
b. Given as Modified
20 c. Refused
21 d. Withdrawn
22
95. CACI No. 4412: "Independent Economic Value" Explained
23
a. Given As Proposed
24
b. Given as Modified
25
c. Refused
26 d. Withdrawn
27
28 96. CACI No. 4420 - Affirmative Defense-Information Was Readily Ascertainable by
19
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 Proper Means
2 a. Given As Proposed
3 b. Given as Modified
c. Refused
4
d. Withdrawn
5
6
97. CACI No. 336-Affirmative Defenses-Waiver
7
a. Given As Proposed
8
b. Given as Modified
9
c. Refused
10 d. Withdrawn
11
12
98. CACI No. 358-Mitigation of Damages
13 a. Given As Proposed
14 b. Given as Modified
15 c. Refused
16 d. Withdrawn
17
18 99. Special Jury Instruction No. 13-Mitigation of Damages - Generally
19 a. Given As Proposed
b. Given as Modified
20
c. Refused
21
d. Withdrawn
22
23
100. CACI No. 335 - Affirmative Defense-Fraud
24
a. Given As Proposed
25 b. Given as Modified
26 c. Refused
27 d. Withdrawn
28
20
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1
2 101. Special Jury Instruction No. 14 - Affirmative Defense-Breach of Contract
3 e. Given As Proposed
f . Given as Modified
4
g. Refused
5
h. Withdrawn
6
7
102. Special Jury Instruction No. 15-Affirmative Defense-Bad Faith
8
a. Given As Proposed
9
b. Given as Modified
10 c. Refused
11 d. Withdrawn
12
13 103. CACI No. 3960-Comparative Fault of Plaintiff-General Verdict
a. Given As Proposed
14
b. Given as Modified
15
c. Refused
16 d. Withdrawn
17
18 104. CACI No. 338-Affirmative Defense-Statute of Limitations
19 a. Given As Proposed
b. Given as Modified
20
c. Refused
21
d. Withdrawn
22
23 105. CACI No. 4421-Affirmative Defense-Statute of Limitations-Three-Year Limit (Civ.
24 Code, § 3426.6)
25 a. Given As Proposed
b. Given as Modified
26
c. Refused
27
d. Withdrawn
28
21
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1
2 106. Special Jury Instruction No. 16-Failure to Perform
3 a. Given As Proposed
b. Given as Modified
4
c. Refused
5
d. Withdrawn
6
7 107. Special Jury Instruction No. 17-Performance in Good Faith
8 a. Given As Proposed
9 b. Given as Modified
10 c. Refused
d. Withdrawn
11
12
108. Special Jury Instruction No. 18-Unclean Hands
13 a. Given As Proposed
14 b. Given as Modified
15 c. Refused
16 d. Withdrawn
17
109. Special Jury Instruction No. 19-Acquiescence
18
a. Given As Proposed
19
b. Given as Modified
20 c. Refused
21 d. Withdrawn
22
110. Special Jury Instruction No. 20-Speculative Damages
23
a. Given As Proposed
24
b. Given as Modified
25
c. Refused
26 d. Withdrawn
27
28 111. Special Jury Instruction No. 21-Preemption
22
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 a. Given As Proposed
2 b. Given as Modified
3 c. Refused
d. Withdrawn
4
5
112. Special Jury Instruction No. 22 - Estoppel and Laches
6
a. Given As Proposed
7 b. Given as Modified
8 c. Refused
9 d. Withdrawn
10
11 CONCLUDING INSTRUCTIONS:
12 113. CACI No. 5000 - Duties of the Judge and Jury
13 a. Given As Proposed
b. Given as Modified
14
c. Refused
15
d. Withdrawn
16
17 114. CACI No. 5001 - Insurance
18 a. Given As Proposed
19 b. Given as Modified
c. Refused
20
d. Withdrawn
21
22
115. CACI No. 5002 - Evidence
23 a. Given As Proposed
24 b. Given as Modified
25 c. Refused
d. Withdrawn
26
27
116. CACI No. 5003 - Witnesses
28
23
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 a. Given As Proposed
2 b. Given as Modified
3 c. Refused
d. Withdrawn
4
5
117. CACI No. 5005 -Multiple Parties
6
a. Given As Proposed
7 b. Given as Modified
8 c. Refused
9 d. Withdrawn
10
118. CACI No. 5009 -Predeliberation Instructions
11
a. Given As Proposed
12
b. Given as Modified
13 c. Refused
14 d. Withdrawn
15
16 119. CACI No. 5010-Taking Notes During the Trial
a. Given As Proposed
17
b. Given as Modified
18
c. Refused
19
d. Withdrawn
20
21 120. CACI No. 5011-Reading Back of Trial Testimony in Jury Room
22 a. Given As Proposed
b. Given as Modified
23
c. Refused
24
d. Withdrawn
25
26 121. CACI No. 5015-Instruction to Alternate Jurors on Submission of Case to Jury
27 a. Given As Proposed
28 b. Given as Modified
24
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 c. Refused
2 d. Withdrawn
3
122. CACI No. 5019-Questions from Jurors
4
a. Given As Proposed
5
b. Given as Modified
6
c. Refused
7 d. Withdrawn
8
9
Dated: March 14, 2024 PIERCE & SHEARER LLP
10
11
12 i. Peter Shearer, Esq.
Attorney for Plaintiff/Cross-Defendant
13
Ms. Cyndi Hoffmann
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
25
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 CACI No. 100: Preliminary Admonitions
2 You have now been sworn as jurors in this case. I want to impress on you the seriousness and
3 impmiance of serving on a jury. Trial by jury is a fundamental right in California. The parties have a
right to a jury that is selected fairly, that comes to the case without bias, and that will attempt to reach
4
a verdict based on the evidence presented. Before we begin, I need to explain how you must conduct
5
yourselves during the trial.
6
Do not allow anything that happens outside this courtroom to affect your decision. During the
7 trial do not talk about this case or the people involved in it with anyone, including family and persons
8 living in your household, friends and co-workers, spiritual leaders, advisors, or therapists. You may
9 say you are on a jury and how long the trial may take, but that is all. You must not even talk about the
10 case with the other jurors until after I tell you that it is time for you to decide the case.
This prohibition is not limited to face-to-face conversations. It also extends to all forms of
11
electronic communications. Do not use any electronic device or media, such as a cell phone or smart
12
phone, PDA, computer, the Internet, any Internet service, any text or instant-messaging service, any
13 Internet chat room, blog, or website, including social networking websites or online diaries, to send or
14 receive any information to or from anyone about this case or your experience as a juror until after you
15 have been discharged from your jury duty.
16 During the trial you must not listen to anyone else talk about the case or the people involved in
the case. You must avoid any contact with the parties, the lawyers, the witnesses, and anyone else
17
who may have a connection to the case. If anyone tries to talk to you about this case, tell that person
18
that you cannot discuss it because you are a juror. If that person keeps talking to you, simply walk
19
away and report the incident to the court attendant as soon as you can. After the trial is over and I
20 have released you from jury duty, you may discuss the case with anyone, but you are not required to
21 do so.
22 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 to the use
23
of the Internet in any way, including reading any blog about the case or about anyone involved with it.
24
If you receive any information about this case from any source outside of the courtroom, promptly
25
report it to the court attendant. It is important that all jurors see and hear the same evidence at the
26 same time.
27
28
26
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 CACI No. 101: Overview of Trial
2
To assist you in your tasks as jurors, I will now explain how the trial will proceed. I will begin
3 by identifying the parties to the case. Ms. Cyndi Hoffmann (hereinafter "Ms. Hoffmann") filed this
4 lawsuit. She is called a plaintiff. She seeks general and special damages, punitive damages, penalties,
5 restitution, disgorgement, interest, attorneys' fees and costs, injunctive relief, and declaratory relief
6 from Alliance Manufactured Homes, Inc. (hereinafter "AMH"), Alliance Manufactured Homes
Holdings, Inc. (hereinafter "Holdings," and collectively with AMH, "AMH"), and Brad Datson (via
7
Marijane Datson ["Mrs. Datson"] his successor in interest for all purposes) (hereinafter "Mr. Datson"),
8
who are called defendants, and, collectively, the "Datsons".
9 I will now read you Ms. Hoffmann's Statement of the Case.
10 First, each side may make an opening statement, but neither side is required to do so. An
11 opening statement is not evidence. It is simply an outline to help you understand what that party
12 expects the evidence will show. Also, because it is often difficult to give you the evidence in the order
we would prefer, the opening statement allows you to keep an overview of the case in mind during the
13
presentation of the evidence.
14
Next, the jury will hear the evidence. Ms. Hoffmann will present evidence first. When Ms.
15 Hoffmann is finished, AMH, Holdings, and Mr. Datson will have an opportunity to present evidence.
16 Cross-Complainant AMH will present evidence. Finally, Cross-Defendant Ms. Hoffmann will present
17 evidence.
18 Each witness will first be questioned by the side that asked the witness to testify. This is called
direct examination. Then the other side is permitted to question the witness. This is called crossÂ
19
examination.
20
Documents or objects referred to during the trial are called exhibits. Exhibits are given a
21
number so that they may be clearly identified. Exhibits are not evidence until I admit them into
22 evidence. During your deliberations, you will be able to look at all exhibits admitted into evidence.
23 There are many rules that govern whether something will be admitted into evidence. As one
24 side presents evidence, the other side has the right to object and to ask me to decide if the evidence is
permitted by the rules. Usually, I will decide immediately, but sometimes I may have to hear
25
arguments outside of your presence.
26
27
28
27
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 After the evidence has been presented, I will instruct you on the law that applies to the case and
2 the attorneys will make closing arguments. What the parties say in closing argument is not evidence.
3 The arguments are offered to help you understand the evidence and how the law applies to it.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
28
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 CACI No. 102: Taking Notes During Trial
2
You have been given notebooks and may take notes during the trial. Do not take the notebooks
3 out of the courtroom or jury room at any time during the trial. You may take your notes into the jury
4 room during deliberations.
5 You should use your notes only to remind yourself of what happened during the trial. Do not
6 let your note-taking interfere with your ability to listen carefully to all the testimony and to watch the
witnesses as they testify. Nor should you allow your impression of a witness or other evidence to be
7
influenced by whether or not other jurors are taking notes. Your independent recollection of the
8
evidence should govern your verdict, and you should not allow yourself to be influenced by the notes
9 of other jurors if those notes differ from what you remember.
10 The court reporter is making a record of everything that is said. If during deliberations you
11 have a question about what the witness said,you should ask that the court reporter's records be read to
12 you. You must accept the court reporter's record as accurate.
At the end of the trial, your notes will be collected and destroyed.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 CACI No. 106: Evidence
2
You must decide what the facts are in this case only from the evidence you se.e or he ar during
3 the trial. Sworn testimony, documents, or anything else may be admitted into evidence. You may not
4 consider as evidence anything that you see or hear when court is not in session, even something done
5 or said by one of the parti es, attorneys, or witnesses.
What the attorneys say during the trial is not evidence. In their opening statements and closing
6
arguments, the attorneys will talk to you about the law and the evidence. What the lawyers say may
7
help you understand the law and the evidence, but their statements and arguments are not evidence.
8
The attorneys' questions are not evidence. Only the witnesses' answers are evide nce. You
9 should not think that something is true just because an attorney's question suggests that it is true.
10 However, the attorneys for both sides can agree that certain facts are true. This agre ement is called a
11 "stipulation." No other proof is needed and you must accept those facts as true in this trial.
12 Each side has the right to object to evidence offer ed by the other side. If I do not agree with the
objection, I will say it is overruled. If I ovenule an objection, the witness will answer and you may
13
consider the evidence. If I agree with the objection, I will say it is sustained. If I sustain an objection,
14
you must ignore the question. If the witness did not answe r, you must not guess what that witness
15 might have said or why I sustained the objection. If the witness has already answered, you must ignore
16 the answer.
17 An attorney may make a motion to strike testimony that you have heard. If I grant the motion,
18 you must totally disregard that testimony. You must treat it as though it did not exist.
19
20
21
22
23
24
25
26
27
28
30
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 CACI No. 107: Witnesses
2
A witness is a person who has knowledge related to this case. You will have to decide whether
3
you believe each witness and how important each witness's testimony is to the case. You may believe
4
all, part, or none of a witness's testimony.
5 In deciding whether to believe a witness's testimony, you may consider, among other factors,
6 the following:
7 (a) How well did the witness see, hear, or otherwise sense what the witness described in court?
8 (b) How well did the witness remember and describe what happened?
(c) How did the witness look, act, and speak while testifying?
9
(d) Did the witness have any reason to say something that was not true? For example, did the
10
witness show any bias or prejudice or have a personal relationship with any of the parties
11 involved in the case or have a personal stake in how this case is decided?
12 (e) What was the witness's attitude toward this case or about giving testimony?
13 Sometimes a witness may say something that is not consistent with something else the witness
14 said. Sometimes different witnesses will give different versions of what happened. People often forget
things or make mistakes in what they remember. Also, two people may see the same event but
15
remember it differently. You may consider these differences, but do not decide that testimony is untrue
16
just because it differs from other testimony.
17 However, if you decide that a witness did not tell the truth about something important, you
18 may choose not to believe anything that witness said. On the other hand, if you think the witness did
19 not tell the truth about some things but told the truth about others, you may accept the part you think is
20 true and ignore the rest.
Do not make any decision simply because there were more witnesses on one side than on the
21
other. If you believe it is true, the testimony of a single witness is enough to prove a fact.
22
23
24
25
26
27
28
31
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 CACI No. 111: Instructions To Alternate Jurors
2
As (an) alternate juror(s), you are bound by the same mles that govern the conduct of the jurors
3 who are sitting on the panel. You will observe the same trial and should pay attention to all of my
4 instmctions just as if you were sitting on the panel. Sometimes a juror needs to be excused during a
5 trial for illness or some other reason. If that happens, an alternate will be selected to take that juror's
place.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
32
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 CACI No. 112: Questions From Jurors
2
If, during the trial, you have a question that you believe should be asked of a witness, you may
3 write out the question and send it to me through my courtroom staff. I will share your question with
4 the attorneys and decide whether it may be asked.
5 Do not feel disappointed if your question is not asked. Your question may not be asked for a
6 variety of reasons. For example, the question may call for an answer that is not allowed for legal
reasons. Also, you should not try to guess the reason why a question is not asked or speculate about
7
what the answer might have been. Because the decision whether to allow the question is mine alone,
8
do not hold it against any of the attorneys or their clients if your question is not asked.
9 Remember that you are not an advocate for one side or the other. Each of you is an impartial
10 judge of the facts. Your questions should be posed in as neutral a fashion as possible. Do not discuss
11 any question asked by any juror with any other juror until after deliberations begin
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
33
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 CACI No. 113: Bias
2
Each one of us has biases about or certain perceptions or stereotypes of other people. Bias is a
3 tendency to favor or disfavor a person or group of people. We may be aware of some of our biases,
4 though we may not reveal them to others. We may not be fully aware of some of our other biases. We
5 refer to biases that we are not fully aware of as "implicit" or "unconscious." They may be based on
stereotypes we would reject if they were brought to our attention. Implicit or unconscious biases can
6
affect how we perceive others and how we make decisions, without our being aware of the effect of
7
these biases on those decisions.
8
Our biases often affect how we act, favorably or unfavorably, toward someone. Bias can affect
9 our thoughts, how we remember, what we see and hear, and whom we believe or disbelieve. We may
10 favor or be more likely to believe people whom we see as similar to us or with whom we identify. Or
11 we may disfavor or be less likely to believe people whom we see as different from us.
12 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
13
against parties or witnesses because of their race, national origin, ethnicity, disability, gender, gender
14
identity, gender expression, religion, sexual orientation, age, or socioeconomic status.
15 Your verdict must be based solely on the evidence presented. You must carefully evaluate the
16 evidence and resist any urge to reach a verdict that is influenced by bias for or against any party or
17 witness.
18
19
20
21
22
23
24
25
26
27
28
34
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 CACI No. 116: Why Electronic Communications And Research Are Prohibited
2
I know that many of us are used to communicating and perhaps even learning by electronic
3 communications and research. However, there are good reasons why you must not electronically
4 communicate or do any research on anything having to do with this trial or the parties.
5 In court, jurors must make important decisions that have consequences for the parties. Those
6 decisions must be based only on the evidence that you hear in this courtroom.
The evidence that is presented in court can be tested; it can be shown to be right or wrong by
7
either side; it can be questioned; and it can be contradicted by other evidence. What you might read or
8
hear on your own could easily be wrong, out of date, or inapplicable to this case.
9 The parties can receive a fair trial only if the facts and information on which you base your
10 decisions are presented to you as a group, with each juror having the same opportunity to see, hear,
11 and evaluate the evidence.
12 Also, a trial is a public process that depends on disclosure in the courtroom of facts and
evidence. Using information gathered in secret by one or more jurors undermines the public process
13
and violates the rights of the parties.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
35
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 CACI No. 200 : Obligation To Prove-More Likely True Than Not True
2
The parties must persuade you, by the evidence presented in court, that what they are required
3 to prove is more likely to be true than not true. This is refened to as "the burden of proof."
4 After weighing all of the evidence, if you cannot decide that something is more likely to be
5 true than not true, you must conclude that the party did not prove it. You should consider all the
evidence, no matter which party produced the evidence.
6
In criminal trials, the prosecution must prove that the defendant is guilty beyond a reasonable
7
doubt. But in civil trials, such as this one, the party who is required to prove something need prove
8
only that it is more likely to be true than not true.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
36
PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735
1 CACI No. 202: Direct And Indirect Evidence
2
Evidence can come in many forms. It can be testimony about what someone saw or heard or
3 smelled. It can be an exhibit admitted into evidence. It can be someone's opinion.
4 Direct evidence can prove a fact by itself. For example,if a witness testifies she saw a jet plane
Preview
1 J. Peter Shearer, Esq. (State Bar No. 142176) PIERCE & SHEARER LLP 2 730 Polhemus Road, Suite 101 San Mateo, CA 94402 3 Phone: (650) 573-9300 4 Fax: (650) 378-8152 peter@pierceshearer.com 5 Attorneys for Plaintiff/Cross-Defendant 6 CYNDI HOFFMANN 7 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ 8 UNLIMITED JURISDICTION 9 10 CYNDI HOFFMANN, an individual, Case No.: 19CV02735 11 Plaintiff, PLAINTIFF/ CROSS-DEFENDANT CYNDI v. HOFFMANN'S PROPOSED JURY 12 INSTRUCTIONS ALLIANCE MANUFACTURED HOMES, 13 Date: March 25, 2024 INC., a California Corporation; ALLIANCE 14 MANUFACTURED HOMES HOLDINGS, Time: 9:00 a.m. INC., a California Corporation; BRAD Dept.: TBD 15 DATSON, an individual (via MARIJANE Judge: TBD DATSON as his Successor in Interest in this 16 Action After He Passed Away Earlier in this Original Complaint Filed: September 9, 2019 Litigation); and DOES 1-15, inclusive, Second Amended 17 Complaint Filed: November 15, 2023 18 Defendants. 2nd (AMH) Amended 19 Cross-Complaint Allowed: March 31, 2023 AND RELATED CROSS-ACTIONS 20 Trial Date: March 25, 2024 21 22 III 23 24 25 26 27 28 PLTF/ X-DEF MS. HOFFMANN's [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 Plaintiff/ Cross-Defendant Cyndi Hoffmann ("Ms. Hoffmann") hereby submits these proposed 2 jury instructions for the upcoming action's ("Action") trial involving her and Defendant/ Cross 3 Complainant Alliance Manufactured Hornes, Inc. ("AMH") and Defendant Alliance Manufactured Hornes Holdings, Inc. ("Holdings," and, collectively with AMH, the "AMH Parties"), and Defendant 4 Brad Datson ("Mr. Datson" -- Mr. Datson's wife, Marijane Datson ["Mrs. Datson"], and collectively 5 with Mr. Datson, the "Datsons," became Mr. Datson's successor in interest for all purposes in this 6 Action after he passed away earlier in the litigation). 7 8 INDEX OF PROPOSED JURY INSTRUCTIONS: 9 1. CACI No. 100 - Preliminary Admonitions 10 a. Given As Proposed b. Given as Modified 11 c. Refused 12 d. Withdrawn 13 14 2. CACI No. 101-Overview of Trial 15 a. Given As Proposed 16 b. Given as Modified c. Refused 17 d. Withdrawn 18 19 3. CACI No. 102-Taking Notes During the Trial 20 a. Given As Proposed 21 b. Given as Modified 22 c. Refused d. Withdrawn 23 24 4. CACI No. 106-Evidence 25 a. Given As Proposed 26 b. Given as Modified 27 C. Refused 28 d. Withdrawn 1 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 5. CACI No. 107 - Witnesses 2 a. Given As Proposed 3 b. Given as Modified C. Refused 4 d. Withdrawn 5 6 6. CACI No. 111 - Instruction to Alternate Jurors 7 a. Given As Proposed 8 b. Given as Modified 9 c. Refused 10 d. Withdrawn 11 7. CACI No. 112-Questions from Jurors 12 a. Given As Proposed 13 b. Given as Modified 14 c. Refused 15 d. Withdrawn 16 8. CACI No. 113 - Bias 17 a. Given As Proposed 18 b. Given as Modified 19 C. Refused 20 d. Withdrawn 21 22 9. CACI No. 116-Why Electronic Communications and Research Are Prohibited a. Given As Proposed 23 b. Given as Modified 24 c. Refused 25 d. Withdrawn 26 27 10. CACI No. 200 - Obligation to Prove-More Likely True Than Not True 28 a. Given As Proposed PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 b. Given as Modified 2 c. Refused 3 d. Withdrawn 4 5 11. CACI No. 202 - Direct and Indirect Evidence 6 a. Given As Proposed b. Given as Modified 7 c. Refused 8 d. Withdrawn 9 10 12. CACI No. 203 - Party Having Power to Produce Better Evidenece 11 a. Given As Proposed 12 b. Given as Modified 13 c. Refused d. Withdrawn 14 15 13. CACI No. 204- Willful Suppression of Evidence 16 a. Given As Proposed 17 b. Given as Modified 18 c. Refused 19 d. Withdrawn 20 14. CACI No. 205-Failure to Explain or Deny Evidence 21 a. Given As Proposed 22 b. Given as Modified 23 c. Refused 24 d. Withdrawn 25 15. CACI No. 208-Deposition as Substantive Evidence 26 a. Given As Proposed 27 b. Given as Modified 28 3 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 c. Refused 2 d. Withdrawn 3 16. CACI No. 210-Requests for Admissions 4 a. Given As Proposed 5 b. Given as Modified 6 c. Refused 7 d. Withdrawn 8 9 17. CACI No. 212-Statements of a Party Opponent 10 a. Given As Proposed b. Given as Modified 11 c. Refused 12 d. Withdrawn 13 14 18. CACI No. 213 -Adoptive Admission 15 a. Given As Proposed 16 b. Given as Modified c. Refused 17 d. Withdrawn 18 19 CACI No. 219-Expert Witness Testimony 19. 20 a. Given As Proposed 21 b. Given as Modified 22 c. Refused d. Withdrawn 23 24 20. CACI No. 220-Experts-Questions Containing Assumed Facts 25 a. Given As Proposed 26 b. Given as Modified 27 c. Refused 28 d. Withdrawn PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 21. CACI No. 223-Opinion Testimony of Lay Witness 2 a. Given As Proposed 3 b. Given as Modified c. Refused 4 d. Withdrawn 5 6 ASSAULT AND BATTERY: 7 8 22. CACI No. 1300-Battery-Essential Factual Elements 9 a. Given As Proposed 10 b. Given as Modified 11 c. Refused 12 d. Withdrawn 13 23. CACI No. 1301 - Assault-Essential Factual Elements 14 a. Given As Proposed 15 b. Given as Modified 16 c. Refused 17 d. Withdrawn 18 19 24. CACI No. 1302 - Consent Explained a. Given As Proposed 20 b. Given as Modified 21 c. Refused 22 d. Withdrawn 23 24 25. CACI No. 1306 - Sexual Battery-Essential Factual Elements (Civ. Code, § 1708.5) 25 a. Given As Proposed b. Given as Modified 26 c. Refused 27 d. Withdrawn 28 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 2 26. CACI No. 1320-Intent 3 a. Given As Proposed b. Given as Modified 4 c. Refused 5 d. Withdrawn 6 7 DISCRIMINATION: 8 27. CACI No. 2431-Constructive Discharge in Violation of Public Policy-Plaintiff 9 Required to Violate Public Policy 10 a. Given As Proposed 11 b. Given as Modified 12 c. Refused 13 d. Withdrawn 14 28. CACI No. 2432-Constructive Discharge in Violation of Public Policy-Plaintiff 15 Required to Endure Intolerable Conditions That Violate Public Policy 16 a. Given As Proposed 17 b. Given as Modified 18 c. Refused 19 d. Withdrawn 20 29. CACI No. 2500-Disparate Treatment-Essential Factual Elements 21 a. Given As Proposed 22 b. Given as Modified 23 c. Refused 24 d. Withdrawn 25 30. CACI No. 2505-Retaliation-Essential Factual Elements 26 a. Given As Proposed 27 b. Given as Modified 28 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 c. Refused 2 d. Withdrawn 3 31. CACI No. 2507 - "Substantial Motivating Reason" Explained 4 a. Given As Proposed 5 b. Given as Modified 6 c. Refused 7 d. Withdrawn 8 9 32. CACI No. 2521A - Work Environment Harassment -Conduct Directed at Plaintiff 10 Essential Factual Elements-Employer or Entity Defendant a. Given As Proposed 11 b. Given as Modified 12 c. Refused 13 d. Withdrawn 14 15 33. Special Jury Instruction No. 1 -Work Environment Harassment 16 a. Given As Proposed b. Given as Modified 17 c. Refused 18 d. Withdrawn 19 20 34. CACI No. 2523 - "Harassing Conduct" Explained 21 a. Given As Proposed 22 b. Given as Modified c. Refused 23 d. Withdrawn 24 25 35. CACI No. 2524 - "Severe or Pervasive" Explained 26 a. Given As Proposed 27 b. Given as Modified 28 c. Refused PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 d. Withdrawn 2 3 36. CACI No. 2527-Failure to Prevent Harassment,Discrimination or Retaliation-Essential 4 Factual Elements-Employer or Entity Defendant (Gov. Code,§ 12940(k)) 5 a. Given As Proposed 6 b. Given as Modified c. Refused 7 d. Withdrawn 8 9 37. CACI No. 2528-Failure to Prevent Harassment by Nonemployee (Gov. Code, § 10 12940G)) 11 a. Given As Proposed 12 b. Given as Modified 13 c. Refused d. Withdrawn 14 15 38. Special Jury Instruction No. 2-Retaliation,Labor Code § 98.6 16 a. Given As Proposed 17 b. Given as Modified 18 c. Refused 19 d. Withdrawn 20 39. Special Jury Instruction No. 3-Violation of the Ralph Act (Civ. Code,§ 51.7) 21 a. Given As Proposed 22 b. Given as Modified 23 c. Refused 24 d. Withdrawn 25 40. CACI No. 3065 - Sexual Harassment in Defined Relationship-Essential Factual 26 Elements (Civ. Code,§ 51.9) 27 a. Given As Proposed 28 8 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 b. Given as Modified 2 c. Refused 3 d. Withdrawn 4 41. CACI No. 3068-Ralph Act-Damages and Penalty (Civ. Code, § § 51.7, 52(b)) 5 a. Given As Proposed 6 b. Given as Modified 7 c. Refused 8 d. Withdrawn 9 10 BREACH OF CONTRACT: 11 42. CACI No. 300-Breach of Contract-Introduction 12 a. Given As Proposed 13 b. Given as Modified c. Refused 14 d. Withdrawn 15 16 43. CACI No. 302-Contract Fonnation-Essential Factual Elements 17 a. Given As Proposed 18 b. Given as Modified 19 c. Refused d. Withdrawn 20 21 44. CACI No. 303-Breach of Contract-Essential Factual Elements 22 a. Given As Proposed 23 b. Given as Modified 24 c. Refused 25 d. Withdrawn 26 45. CACI No. 304-Oral or Written Contract Terms 27 a. Given As Proposed 28 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 b. Given as Modified 2 c. Refused 3 d. Withdrawn 4 46. CACI No. 310-Contract Formation-Acceptance by Silence 5 a. Given As Proposed 6 b. Given as Modified 7 c. Refused 8 d. Withdrawn 9 10 47. CACI No. 312-Substantial Performance a. Given As Proposed 11 b. Given as Modified 12 c. Refused 13 d. Withdrawn 14 15 48. CACI No. 314 - Interpretation-Disputed Words 16 a. Given As Proposed b. Given as Modified 17 c. Refused 18 d. Withdrawn 19 20 49. CACI No. 315-Interpretation-Meaning of Ordinary Words 21 a. Given As Proposed 22 b. Given as Modified c. Refused 23 d. Withdrawn 24 25 50. CACI No. 316-Interpretation-Meaning of Technical Words 26 a. Given As Proposed 27 b. Given as Modified 28 c. Refused PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 d. Withdrawn 2 3 51. CACI No. 317-Interpretation-Construction of Contract as a Whole a. Given As Proposed 4 b. Given as Modified 5 c. Refused 6 d. Withdrawn 7 8 52. CACI No. 318-Interpretation-Construction by Conduct 9 a. Given As Proposed 10 b. Given as Modified c. Refused 11 d. Withdrawn 12 13 53. CACI No. 320 - Interpretation-Construction Against Drafter 14 a. Given As Proposed 15 b. Given as Modified 16 c. Refused d. Withdrawn 17 18 54. CACI No. 3 50-Introduction to Contract Damages 19 a. Given As Proposed 20 b. Given as Modified 21 c. Refused 22 d. Withdrawn 23 55. CACI No. 3 55-Obligation to Pay Money Only 24 a. Given As Proposed 25 b. Given as Modified 26 c. Refused 27 d. Withdrawn 28 11 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 LABOR CODE ACTIONS: 2 56. CACI No. 2700-Nonpayment of Wages-Essential Factual Elements (Lab. Code,§ § 3 201,202,218) a. Given As Proposed 4 b. Given as Modified 5 c. Refused 6 d. Withdrawn 7 8 57. CACI No. 2701 - Nonpayment of Minimum Wage-Essential Factual Elements (Lab. 9 Code, § 1194) 10 a. Given As Proposed b. Given as Modified 11 c. Refused 12 d. Withdrawn 13 14 58. CACI No. 2702-Nonpayment of Overtime Compensation-Essential Factual Elements 15 (Lab. Code,§ 1194) 16 a. Given As Proposed b. Given as Modified 17 c. Refused 18 d. Withdrawn 19 20 59. CACI No. 2703 Nonpayment of Overtime Compensation-Proof of Overtime Hours 21 Worked 22 a. Given As Proposed b. Given as Modified 23 c. Refused 24 d. Withdrawn 25 26 60. CACI No. 2704 - Waiting-Time Penalty for Nonpayment of Wages (Lab. Code,§ § 203, 27 218) 28 a. Given As Proposed 12 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 b. Given as Modified 2 c. Refused 3 d. Withdrawn 4 61. CACI No. 2750-Failure to Reimburse Employee for Necessary Expenditures or Losses 5 Essential Factual Elements (Lab. Code, § 2802(a)) 6 a. Given As Proposed 7 b. Given as Modified 8 c. Refused 9 d. Withdrawn 10 62. CACI No. 2760-Rest Break Violations-Introduction (Lab. Code, § 226.7) 11 a. Given As Proposed 12 b. Given as Modified 13 c. Refused 14 d. Withdrawn 15 16 63. CACI No. 2761-Rest Break Violations-Essential Factual Elements (Lab. Code, § 226.7) 17 a. Given As Proposed 18 b. Given as Modified 19 c. Refused 20 d. Withdrawn 21 22 64. CACI No. 2762-Rest Break Violations-Pay Owed a. Given As Proposed 23 b. Given as Modified 24 c. Refused 25 d. Withdrawn 26 27 65. CACI No. 2765-Meal Break Violations-Introduction (Lab. Code, § § 226.7, 512) 28 a. Given As Proposed 13 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 b. Given as Modified 2 c. Refused 3 d. Withdrawn 4 66. CACI No. 2766A - Meal Break Violations-Essential Factual Elements (Lab. Code, § § 5 226.7, 512) 6 a. Given As Proposed 7 b. Given as Modified 8 c. Refused 9 d. Withdrawn 10 67. CACI No. 2766: Meal Break Violations-Rebuttable Presumption-Employer Records 11 a. Given As Proposed 12 b. Given as Modified 13 c. Refused 14 d. Withdrawn 15 16 68. CACI No. 2767 - Meal Break Violations-Pay Owed a. Given As Proposed 17 b. Given as Modified 18 c. Refused 19 d. Withdrawn 20 21 69. Special Jury Instruction No. 4 - Classification of Employee - Dynamex Standard 22 a. Given As Proposed b. Given as Modified 23 c. Refused 24 d. Withdrawn 25 26 70. Special Jury Instruction No. 5 - Classification of Employee - Borello Standard 27 a. Given As Proposed 28 b. Given as Modified 14 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 c. Refused 2 d. Withdrawn 3 71. Special Jury Instruction No. 6-Violation of Labor Code § 233 4 a. Given As Proposed 5 b. Given as Modified 6 c. Refused 7 d. Withdrawn 8 9 72. Special Jury Instruction No. 7-Violation of Labor Code § 204 10 a. Given As Proposed b. Given as Modified 11 c. Refused 12 d. Withdrawn 13 14 73. Special Jury Instruction No. 8-Violation of Labor Code § 226 - Itemized Statements 15 a. Given As Proposed 16 b. Given as Modified c. Refused 17 d. Withdrawn 18 19 74. Special Jury Instruction No. 9-Violation of Labor Code § 226 - Requests 20 a. Given As Proposed 21 b. Given as Modified 22 c. Refused d. Withdrawn 23 24 75. Special Jury Instruction No. 10-Violation of Labor Code § 1198.5 25 a. Given As Proposed 26 b. Given as Modified 27 C. Refused 28 d. Withdrawn 15 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 2 76. Special Jury Instruction No. 11-Violation of Labor Code § 2698 3 a. Given As Proposed b. Given as Modified 4 c. Refused 5 d. Withdrawn 6 RESTITUTION: 7 77. CACI No. 375-Restitution From Transferee Based on Quasi-Contract or Unjust 8 Emichment 9 a. Given As Proposed 10 b. Given as Modified 11 c. Refused 12 d. Withdrawn 13 78. Special Jury Instructions No. 12-Unjust Business Practices-Bus. & Prof. Code § 17200, 14 et seq. 15 a. Given As Proposed 16 b. Given as Modified 17 c. Refused 18 d. Withdrawn 19 DAMAGES: 20 79. CACI No. 3900-Introduction to Tort Damages - Liability Contested 21 a. Given As Proposed 22 b. Given as Modified c. Refused 23 d. Withdrawn 24 25 80. CACI No. 3902-Economic and Noneconomic Damages 26 a. Given As Proposed 27 b. Given as Modified 28 c. Refused 16 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 d. Withdrawn 2 3 81. CACI No. 3903 -Items of Economic Damage a. Given As Proposed 4 b. Given as Modified 5 c. Refused 6 d. Withdrawn 7 8 82. CACI No. 3903A - Medical Expenses-Past and Future (Economic Damage) 9 a. Given As Proposed 10 b. Given as Modified c. Refused 11 d. Withdrawn 12 13 83. CACI No. 3903C-Past and Future Lost Earnings (Economic Damage) 14 a. Given As Proposed 15 b. Given as Modified 16 c. Refused d. Withdrawn 17 18 84. CACI No. 3905-Items of Noneconomic Damage 19 a. Given As Proposed 20 b. Given as Modified 21 c. Refused 22 d. Withdrawn 23 85. CACI No. 3905A-Physical Pain, Mental Suffering,and Emotional Distress 24 (Noneconomic Damage) 25 a. Given As Proposed 26 b. Given as Modified 27 c. Refused 28 d. Withdrawn 17 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 2 86. CACI No. 3933-Damages from Multiple Defendants 3 a. Given As Proposed b. Given as Modified 4 c. Refused 5 d. Withdrawn 6 7 87. CACI No. 3934-Damages on Multiple Legal Theories 8 a. Given As Proposed 9 b. Given as Modified 10 c. Refused d. Withdrawn 11 12 88. CACI No. 3940-Punitive Damages-Individual Defendant-Trial Not Bifurcated 13 a. Given As Proposed 14 b. Given as Modified 15 c. Refused 16 d. Withdrawn 17 89. CACI No. 3945-Punitive Damages-Entity Defendant-Trial Not Bifurcated 18 a. Given As Proposed 19 b. Given as Modified 20 c. Refused 21 d. Withdrawn 22 23 CROSS-COMPLAINT - AFFIRMATIVE DEFENSES: 24 90. CACI No. 4400-Misappropriation of Trade Secrets-Introduction 25 a. Given As Proposed b. Given as Modified 26 c. Refused 27 d. Withdrawn 28 18 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 2 91. CACI No. 4401-Misappropriation of Trade Secrets-Essential Factual Elements 3 a. Given As Proposed b. Given as Modified 4 c. Refused 5 d. Withdrawn 6 7 92. CACI No. 4402-"Trade Secret" Defined 8 a. Given As Proposed 9 b. Given as Modified 10 c. Refused d. Withdrawn 11 12 93. CACI No. 4403-Secrecy Requirement 13 a. Given As Proposed 14 b. Given as Modified 15 c. Refused 16 d. Withdrawn 17 94. CACI No. 4404-Reasonable Efforts to Protect Secrecy 18 a. Given As Proposed 19 b. Given as Modified 20 c. Refused 21 d. Withdrawn 22 95. CACI No. 4412: "Independent Economic Value" Explained 23 a. Given As Proposed 24 b. Given as Modified 25 c. Refused 26 d. Withdrawn 27 28 96. CACI No. 4420 - Affirmative Defense-Information Was Readily Ascertainable by 19 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 Proper Means 2 a. Given As Proposed 3 b. Given as Modified c. Refused 4 d. Withdrawn 5 6 97. CACI No. 336-Affirmative Defenses-Waiver 7 a. Given As Proposed 8 b. Given as Modified 9 c. Refused 10 d. Withdrawn 11 12 98. CACI No. 358-Mitigation of Damages 13 a. Given As Proposed 14 b. Given as Modified 15 c. Refused 16 d. Withdrawn 17 18 99. Special Jury Instruction No. 13-Mitigation of Damages - Generally 19 a. Given As Proposed b. Given as Modified 20 c. Refused 21 d. Withdrawn 22 23 100. CACI No. 335 - Affirmative Defense-Fraud 24 a. Given As Proposed 25 b. Given as Modified 26 c. Refused 27 d. Withdrawn 28 20 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 2 101. Special Jury Instruction No. 14 - Affirmative Defense-Breach of Contract 3 e. Given As Proposed f . Given as Modified 4 g. Refused 5 h. Withdrawn 6 7 102. Special Jury Instruction No. 15-Affirmative Defense-Bad Faith 8 a. Given As Proposed 9 b. Given as Modified 10 c. Refused 11 d. Withdrawn 12 13 103. CACI No. 3960-Comparative Fault of Plaintiff-General Verdict a. Given As Proposed 14 b. Given as Modified 15 c. Refused 16 d. Withdrawn 17 18 104. CACI No. 338-Affirmative Defense-Statute of Limitations 19 a. Given As Proposed b. Given as Modified 20 c. Refused 21 d. Withdrawn 22 23 105. CACI No. 4421-Affirmative Defense-Statute of Limitations-Three-Year Limit (Civ. 24 Code, § 3426.6) 25 a. Given As Proposed b. Given as Modified 26 c. Refused 27 d. Withdrawn 28 21 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 2 106. Special Jury Instruction No. 16-Failure to Perform 3 a. Given As Proposed b. Given as Modified 4 c. Refused 5 d. Withdrawn 6 7 107. Special Jury Instruction No. 17-Performance in Good Faith 8 a. Given As Proposed 9 b. Given as Modified 10 c. Refused d. Withdrawn 11 12 108. Special Jury Instruction No. 18-Unclean Hands 13 a. Given As Proposed 14 b. Given as Modified 15 c. Refused 16 d. Withdrawn 17 109. Special Jury Instruction No. 19-Acquiescence 18 a. Given As Proposed 19 b. Given as Modified 20 c. Refused 21 d. Withdrawn 22 110. Special Jury Instruction No. 20-Speculative Damages 23 a. Given As Proposed 24 b. Given as Modified 25 c. Refused 26 d. Withdrawn 27 28 111. Special Jury Instruction No. 21-Preemption 22 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 a. Given As Proposed 2 b. Given as Modified 3 c. Refused d. Withdrawn 4 5 112. Special Jury Instruction No. 22 - Estoppel and Laches 6 a. Given As Proposed 7 b. Given as Modified 8 c. Refused 9 d. Withdrawn 10 11 CONCLUDING INSTRUCTIONS: 12 113. CACI No. 5000 - Duties of the Judge and Jury 13 a. Given As Proposed b. Given as Modified 14 c. Refused 15 d. Withdrawn 16 17 114. CACI No. 5001 - Insurance 18 a. Given As Proposed 19 b. Given as Modified c. Refused 20 d. Withdrawn 21 22 115. CACI No. 5002 - Evidence 23 a. Given As Proposed 24 b. Given as Modified 25 c. Refused d. Withdrawn 26 27 116. CACI No. 5003 - Witnesses 28 23 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 a. Given As Proposed 2 b. Given as Modified 3 c. Refused d. Withdrawn 4 5 117. CACI No. 5005 -Multiple Parties 6 a. Given As Proposed 7 b. Given as Modified 8 c. Refused 9 d. Withdrawn 10 118. CACI No. 5009 -Predeliberation Instructions 11 a. Given As Proposed 12 b. Given as Modified 13 c. Refused 14 d. Withdrawn 15 16 119. CACI No. 5010-Taking Notes During the Trial a. Given As Proposed 17 b. Given as Modified 18 c. Refused 19 d. Withdrawn 20 21 120. CACI No. 5011-Reading Back of Trial Testimony in Jury Room 22 a. Given As Proposed b. Given as Modified 23 c. Refused 24 d. Withdrawn 25 26 121. CACI No. 5015-Instruction to Alternate Jurors on Submission of Case to Jury 27 a. Given As Proposed 28 b. Given as Modified 24 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 c. Refused 2 d. Withdrawn 3 122. CACI No. 5019-Questions from Jurors 4 a. Given As Proposed 5 b. Given as Modified 6 c. Refused 7 d. Withdrawn 8 9 Dated: March 14, 2024 PIERCE & SHEARER LLP 10 11 12 i. Peter Shearer, Esq. Attorney for Plaintiff/Cross-Defendant 13 Ms. Cyndi Hoffmann 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 25 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 CACI No. 100: Preliminary Admonitions 2 You have now been sworn as jurors in this case. I want to impress on you the seriousness and 3 impmiance of serving on a jury. Trial by jury is a fundamental right in California. The parties have a right to a jury that is selected fairly, that comes to the case without bias, and that will attempt to reach 4 a verdict based on the evidence presented. Before we begin, I need to explain how you must conduct 5 yourselves during the trial. 6 Do not allow anything that happens outside this courtroom to affect your decision. During the 7 trial do not talk about this case or the people involved in it with anyone, including family and persons 8 living in your household, friends and co-workers, spiritual leaders, advisors, or therapists. You may 9 say you are on a jury and how long the trial may take, but that is all. You must not even talk about the 10 case with the other jurors until after I tell you that it is time for you to decide the case. This prohibition is not limited to face-to-face conversations. It also extends to all forms of 11 electronic communications. Do not use any electronic device or media, such as a cell phone or smart 12 phone, PDA, computer, the Internet, any Internet service, any text or instant-messaging service, any 13 Internet chat room, blog, or website, including social networking websites or online diaries, to send or 14 receive any information to or from anyone about this case or your experience as a juror until after you 15 have been discharged from your jury duty. 16 During the trial you must not listen to anyone else talk about the case or the people involved in the case. You must avoid any contact with the parties, the lawyers, the witnesses, and anyone else 17 who may have a connection to the case. If anyone tries to talk to you about this case, tell that person 18 that you cannot discuss it because you are a juror. If that person keeps talking to you, simply walk 19 away and report the incident to the court attendant as soon as you can. After the trial is over and I 20 have released you from jury duty, you may discuss the case with anyone, but you are not required to 21 do so. 22 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 to the use 23 of the Internet in any way, including reading any blog about the case or about anyone involved with it. 24 If you receive any information about this case from any source outside of the courtroom, promptly 25 report it to the court attendant. It is important that all jurors see and hear the same evidence at the 26 same time. 27 28 26 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 CACI No. 101: Overview of Trial 2 To assist you in your tasks as jurors, I will now explain how the trial will proceed. I will begin 3 by identifying the parties to the case. Ms. Cyndi Hoffmann (hereinafter "Ms. Hoffmann") filed this 4 lawsuit. She is called a plaintiff. She seeks general and special damages, punitive damages, penalties, 5 restitution, disgorgement, interest, attorneys' fees and costs, injunctive relief, and declaratory relief 6 from Alliance Manufactured Homes, Inc. (hereinafter "AMH"), Alliance Manufactured Homes Holdings, Inc. (hereinafter "Holdings," and collectively with AMH, "AMH"), and Brad Datson (via 7 Marijane Datson ["Mrs. Datson"] his successor in interest for all purposes) (hereinafter "Mr. Datson"), 8 who are called defendants, and, collectively, the "Datsons". 9 I will now read you Ms. Hoffmann's Statement of the Case. 10 First, each side may make an opening statement, but neither side is required to do so. An 11 opening statement is not evidence. It is simply an outline to help you understand what that party 12 expects the evidence will show. Also, because it is often difficult to give you the evidence in the order we would prefer, the opening statement allows you to keep an overview of the case in mind during the 13 presentation of the evidence. 14 Next, the jury will hear the evidence. Ms. Hoffmann will present evidence first. When Ms. 15 Hoffmann is finished, AMH, Holdings, and Mr. Datson will have an opportunity to present evidence. 16 Cross-Complainant AMH will present evidence. Finally, Cross-Defendant Ms. Hoffmann will present 17 evidence. 18 Each witness will first be questioned by the side that asked the witness to testify. This is called direct examination. Then the other side is permitted to question the witness. This is called cross 19 examination. 20 Documents or objects referred to during the trial are called exhibits. Exhibits are given a 21 number so that they may be clearly identified. Exhibits are not evidence until I admit them into 22 evidence. During your deliberations, you will be able to look at all exhibits admitted into evidence. 23 There are many rules that govern whether something will be admitted into evidence. As one 24 side presents evidence, the other side has the right to object and to ask me to decide if the evidence is permitted by the rules. Usually, I will decide immediately, but sometimes I may have to hear 25 arguments outside of your presence. 26 27 28 27 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 After the evidence has been presented, I will instruct you on the law that applies to the case and 2 the attorneys will make closing arguments. What the parties say in closing argument is not evidence. 3 The arguments are offered to help you understand the evidence and how the law applies to it. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 28 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 CACI No. 102: Taking Notes During Trial 2 You have been given notebooks and may take notes during the trial. Do not take the notebooks 3 out of the courtroom or jury room at any time during the trial. You may take your notes into the jury 4 room during deliberations. 5 You should use your notes only to remind yourself of what happened during the trial. Do not 6 let your note-taking interfere with your ability to listen carefully to all the testimony and to watch the witnesses as they testify. Nor should you allow your impression of a witness or other evidence to be 7 influenced by whether or not other jurors are taking notes. Your independent recollection of the 8 evidence should govern your verdict, and you should not allow yourself to be influenced by the notes 9 of other jurors if those notes differ from what you remember. 10 The court reporter is making a record of everything that is said. If during deliberations you 11 have a question about what the witness said,you should ask that the court reporter's records be read to 12 you. You must accept the court reporter's record as accurate. At the end of the trial, your notes will be collected and destroyed. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 CACI No. 106: Evidence 2 You must decide what the facts are in this case only from the evidence you se.e or he ar during 3 the trial. Sworn testimony, documents, or anything else may be admitted into evidence. You may not 4 consider as evidence anything that you see or hear when court is not in session, even something done 5 or said by one of the parti es, attorneys, or witnesses. What the attorneys say during the trial is not evidence. In their opening statements and closing 6 arguments, the attorneys will talk to you about the law and the evidence. What the lawyers say may 7 help you understand the law and the evidence, but their statements and arguments are not evidence. 8 The attorneys' questions are not evidence. Only the witnesses' answers are evide nce. You 9 should not think that something is true just because an attorney's question suggests that it is true. 10 However, the attorneys for both sides can agree that certain facts are true. This agre ement is called a 11 "stipulation." No other proof is needed and you must accept those facts as true in this trial. 12 Each side has the right to object to evidence offer ed by the other side. If I do not agree with the objection, I will say it is overruled. If I ovenule an objection, the witness will answer and you may 13 consider the evidence. If I agree with the objection, I will say it is sustained. If I sustain an objection, 14 you must ignore the question. If the witness did not answe r, you must not guess what that witness 15 might have said or why I sustained the objection. If the witness has already answered, you must ignore 16 the answer. 17 An attorney may make a motion to strike testimony that you have heard. If I grant the motion, 18 you must totally disregard that testimony. You must treat it as though it did not exist. 19 20 21 22 23 24 25 26 27 28 30 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 CACI No. 107: Witnesses 2 A witness is a person who has knowledge related to this case. You will have to decide whether 3 you believe each witness and how important each witness's testimony is to the case. You may believe 4 all, part, or none of a witness's testimony. 5 In deciding whether to believe a witness's testimony, you may consider, among other factors, 6 the following: 7 (a) How well did the witness see, hear, or otherwise sense what the witness described in court? 8 (b) How well did the witness remember and describe what happened? (c) How did the witness look, act, and speak while testifying? 9 (d) Did the witness have any reason to say something that was not true? For example, did the 10 witness show any bias or prejudice or have a personal relationship with any of the parties 11 involved in the case or have a personal stake in how this case is decided? 12 (e) What was the witness's attitude toward this case or about giving testimony? 13 Sometimes a witness may say something that is not consistent with something else the witness 14 said. Sometimes different witnesses will give different versions of what happened. People often forget things or make mistakes in what they remember. Also, two people may see the same event but 15 remember it differently. You may consider these differences, but do not decide that testimony is untrue 16 just because it differs from other testimony. 17 However, if you decide that a witness did not tell the truth about something important, you 18 may choose not to believe anything that witness said. On the other hand, if you think the witness did 19 not tell the truth about some things but told the truth about others, you may accept the part you think is 20 true and ignore the rest. Do not make any decision simply because there were more witnesses on one side than on the 21 other. If you believe it is true, the testimony of a single witness is enough to prove a fact. 22 23 24 25 26 27 28 31 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 CACI No. 111: Instructions To Alternate Jurors 2 As (an) alternate juror(s), you are bound by the same mles that govern the conduct of the jurors 3 who are sitting on the panel. You will observe the same trial and should pay attention to all of my 4 instmctions just as if you were sitting on the panel. Sometimes a juror needs to be excused during a 5 trial for illness or some other reason. If that happens, an alternate will be selected to take that juror's place. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 32 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 CACI No. 112: Questions From Jurors 2 If, during the trial, you have a question that you believe should be asked of a witness, you may 3 write out the question and send it to me through my courtroom staff. I will share your question with 4 the attorneys and decide whether it may be asked. 5 Do not feel disappointed if your question is not asked. Your question may not be asked for a 6 variety of reasons. For example, the question may call for an answer that is not allowed for legal reasons. Also, you should not try to guess the reason why a question is not asked or speculate about 7 what the answer might have been. Because the decision whether to allow the question is mine alone, 8 do not hold it against any of the attorneys or their clients if your question is not asked. 9 Remember that you are not an advocate for one side or the other. Each of you is an impartial 10 judge of the facts. Your questions should be posed in as neutral a fashion as possible. Do not discuss 11 any question asked by any juror with any other juror until after deliberations begin 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 33 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 CACI No. 113: Bias 2 Each one of us has biases about or certain perceptions or stereotypes of other people. Bias is a 3 tendency to favor or disfavor a person or group of people. We may be aware of some of our biases, 4 though we may not reveal them to others. We may not be fully aware of some of our other biases. We 5 refer to biases that we are not fully aware of as "implicit" or "unconscious." They may be based on stereotypes we would reject if they were brought to our attention. Implicit or unconscious biases can 6 affect how we perceive others and how we make decisions, without our being aware of the effect of 7 these biases on those decisions. 8 Our biases often affect how we act, favorably or unfavorably, toward someone. Bias can affect 9 our thoughts, how we remember, what we see and hear, and whom we believe or disbelieve. We may 10 favor or be more likely to believe people whom we see as similar to us or with whom we identify. Or 11 we may disfavor or be less likely to believe people whom we see as different from us. 12 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 13 against parties or witnesses because of their race, national origin, ethnicity, disability, gender, gender 14 identity, gender expression, religion, sexual orientation, age, or socioeconomic status. 15 Your verdict must be based solely on the evidence presented. You must carefully evaluate the 16 evidence and resist any urge to reach a verdict that is influenced by bias for or against any party or 17 witness. 18 19 20 21 22 23 24 25 26 27 28 34 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 CACI No. 116: Why Electronic Communications And Research Are Prohibited 2 I know that many of us are used to communicating and perhaps even learning by electronic 3 communications and research. However, there are good reasons why you must not electronically 4 communicate or do any research on anything having to do with this trial or the parties. 5 In court, jurors must make important decisions that have consequences for the parties. Those 6 decisions must be based only on the evidence that you hear in this courtroom. The evidence that is presented in court can be tested; it can be shown to be right or wrong by 7 either side; it can be questioned; and it can be contradicted by other evidence. What you might read or 8 hear on your own could easily be wrong, out of date, or inapplicable to this case. 9 The parties can receive a fair trial only if the facts and information on which you base your 10 decisions are presented to you as a group, with each juror having the same opportunity to see, hear, 11 and evaluate the evidence. 12 Also, a trial is a public process that depends on disclosure in the courtroom of facts and evidence. Using information gathered in secret by one or more jurors undermines the public process 13 and violates the rights of the parties. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 35 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 CACI No. 200 : Obligation To Prove-More Likely True Than Not True 2 The parties must persuade you, by the evidence presented in court, that what they are required 3 to prove is more likely to be true than not true. This is refened to as "the burden of proof." 4 After weighing all of the evidence, if you cannot decide that something is more likely to be 5 true than not true, you must conclude that the party did not prove it. You should consider all the evidence, no matter which party produced the evidence. 6 In criminal trials, the prosecution must prove that the defendant is guilty beyond a reasonable 7 doubt. But in civil trials, such as this one, the party who is required to prove something need prove 8 only that it is more likely to be true than not true. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 36 PLAINTIFF/ CROSS-DEFENDANT'S [PROPOSED] JURY INSTRUCTIONS, Case No. 19CV02735 1 CACI No. 202: Direct And Indirect Evidence 2 Evidence can come in many forms. It can be testimony about what someone saw or heard or 3 smelled. It can be an exhibit admitted into evidence. It can be someone's opinion. 4 Direct evidence can prove a fact by itself. For example,if a witness testifies she saw a jet plane