Preview
1 Ricardo Lopez, Esq. (SBN 315839)
Tiffany Itzel Romo, Esq. (SBN 350734)
2 RICARDO LOPEZ LAW P.C.
100 Oceangate
3 12th Floor
Long Beach, CA 90808
4 Tel: (213) 634-7979
Email: rlopez@ricardolopezlaw.com
5 Email: tromo@ricardolopezlaw.com
6 Tanya Taylor, Esq. (SBN 312881)
THE PREMIER LEGAL GROUP
7 626 Wilshire Blvd.
Suite 410
8 Los Angeles, CA 90017
Tel (213) 293-2909
9 Email: tanya@thepremierlegalgroup.com
10 Attorneys for Plaintiff
SOPHINA KLOCK
11
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SANTA CRUZ
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SOPHINA KLOCK, an individual, ) CASE NO.: 22CV01713
15 )
Plaintiff, ) Hon. Timothy Schmal
16 v. )
) Dept.: 4
17 B5 INVESTMENTS LLC, a California )
corporation; G6 HOSPITALITY LLC, a ) PLAINTIFF’S PROPOSED JURY
18 California corporation; MOTEL 6 OPERATING ) INSTRUCTIONS
L.P., a California corporation; MAZEN )
19 ALMOUKDAD, an individual; and DOES 1 ) Trial Date: March 25, 2024
through 100, inclusive, ) Time: 9:00 a.m.
20 ) Dept.: 4
Defendants. ) Judge: Hon. Timothy Schmal
21 )
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1 INSTRUCTION NO. 1
2 PRELIMINARY ADMONITIONS
3 You have now been sworn as jurors in this case. I want to impress on you the seriousness and
4 importance of serving on a jury. Trial by jury is a fundamental right in California. The parties have a
5 right to a jury that is selected fairly, that comes to the case without bias, and that will attempt to reach a
6 verdict based on the evidence presented. Before we begin, I need to explain how you must conduct
7 yourselves during the trial.
8 Do not allow anything that happens outside this courtroom to affect your decision. During the
9 trial do not talk about this case or the people involved in it with anyone, including family and persons
10 living in your household, friends and co-workers, spiritual leaders, advisors, or therapists. You may say
11 you are on a jury and how long the trial may take, but that is all. You must not even talk about the case
12 with the other jurors until after I tell you that it is time for you to decide the case.
13 This prohibition is not limited to face-to-face conversations. It also extends to all forms of
14 electronic communications. Do not use any electronic device or media, such as a cell phone or smart
15 phone, PDA, computer, the Internet, any Internet service, any text or instant- messaging service, any
16 Internet chat room, blog, or website, including social networking websites or online diaries, to send or
17 receive any information to or from anyone about this case or your experience as a juror until after you
18 have been discharged from your jury duty.
19 During the trial you must not listen to anyone else talk about the case or the people involved in
20 the case. You must avoid any contact with the parties, the lawyers, the witnesses, and anyone else who
21 may have a connection to the case. If anyone tries to talk to you about this case, tell that person that you
22 cannot discuss it because you are a juror. If that person keeps talking to you, simply walk away and
23 report the incident to the court as soon as you can.
24 After the trial is over and I have released you from jury duty, you may discuss the case with
25 anyone, but you are not required to do so.
26 During the trial, do not read, listen to, or watch any news reports about this case. I have no
27 information that there will be news reports concerning this case. This prohibition extends to the use of
28 the Internet in any way, including reading any blog about the case or about anyone involved with it. If
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1 you receive any information about this case from any source outside of the courtroom, promptly report it
2 to the court attendant/bailiff. It is important that all jurors see and hear the same evidence at the same
3 time.
4 Do not do any research on your own or as a group. Do not use dictionaries, the Internet, or other
5 reference materials. Do not investigate the case or conduct any experiments. Do not contact anyone to
6 assist you, such as a family accountant, doctor, or lawyer. Do not visit or view the scene of any event
7 involved in this case or use any Internet maps or mapping programs or any other program or device to
8 search for or to view any place discussed in the testimony. If you happen to pass by the scene, do not
9 stop or investigate. If you do need to view the scene during the trial, you will be taken there as a group
10 under proper supervision.
11 If you violate any of these prohibitions on communications and research, including prohibitions
12 on electronic communications and research, you may be held in contempt of court or face other
13 sanctions. That means that you may have to serve time in jail, pay a fine, or face other punishment for
14 that violation.
15 It is important that you keep an open mind throughout this trial. Evidence can only be presented
16 a piece at a time. Do not form or express an opinion about this case while the trial is going on. You must
17 not decide on a verdict until after you have heard all the evidence and have discussed it thoroughly with
18 your fellow jurors in your deliberations.
19 Do not concern yourselves with the reasons for the rulings I will make during the course of the
20 trial. Do not guess what I may think your verdict should be from anything I might say or do.
21 When you begin your deliberations, you may discuss the case only in the jury room and only
22 when all the jurors are present.
23 You must decide what the facts are in this case. Do not let bias, sympathy, prejudice, or public
24 opinion influence your verdict.
25 At the end of the trial, I will explain the law that you must follow to reach your verdict. You
26 must follow the law as I explain it to you, even if you do not agree with the law.
27
28 Source: CACI 100
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1 INSTRUCTION NO. 2
2 OVERVIEW OF TRIAL
3 To assist you in your tasks as jurors, I will now explain how the trial will proceed. I will begin by
4 identifying the parties to the case. Sophina Klock filed this lawsuit. She is called a plaintiff. She seeks
5 damages from B5 Investments LLC and Mazen Almoukdad, who are called the defendant.
6 Ms. Klock claims B5 discriminated against her on the basis of her gender and sex, and that B5
7 retaliated against Ms. Klock for making complaints about their discrimination and harassment by Mazen
8 Almoukdad.
9 First, each side may make an opening statement, but neither side is required to do so. An opening
10 statement is not evidence. It is simply an outline to help you understand what that party expects the
11 evidence will show. Also, because it is often difficult to give you the evidence in the order we would
12 prefer, the opening statement allows you to keep an overview of the case in mind during the presentation
13 of the evidence.
14 Next, the jury will hear the evidence. Ms. Klock will present evidence first. When Ms. Klock is
15 finished, B5 and Mr. Almoukdad will have an opportunity to present evidence.
16 Each witness will first be questioned by the side that asked the witness to testify. This is called
17 direct examination. Then the other side is permitted to question the witness. This is called cross-
18 examination.
19 Documents or objects referred to during the trial are called exhibits. Exhibits are given a number
20 so that they may be clearly identified. Exhibits are not evidence until I admit them into evidence. During
21 your deliberations, you will be able to look at all exhibits admitted into evidence.
22 There are many rules that govern whether something will be admitted into evidence. As one side
23 presents evidence, the other side has the right to object and to ask me to decide if the evidence is
24 permitted by the rules. Usually, I will decide immediately, but sometimes I may have to hear arguments
25 outside of your presence.
26 After the evidence has been presented, I will instruct you on the law that applies to the case and
27 the attorneys will make closing arguments. What the parties say in closing argument is not evidence.
28 The arguments are offered to help you understand the evidence and how the law applies to it.
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1 Source: CACI 101
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1 INSTRUCTION NO. 3
2 TAKING NOTES DURING THE TRIAL
3 You have been given notebooks and may take notes during the trial. Do not take the notebooks
4 out of the courtroom or jury room at any time during the trial. You may take your notes into the jury
5 room during deliberations.
6 You should use your notes only to remind yourself of what happened during the trial. Do not let
7 your note-taking interfere with your ability to listen carefully to all the testimony and to watch the
8 witnesses as they testify. Nor should you allow your impression of a witness or other evidence to be
9 influenced by whether or not other jurors are taking notes. Your independent recollection of the
10 evidence should govern your verdict, and you should not allow yourself to be influenced by the notes of
11 other jurors if those notes differ from what you remember.
12 The court reporter is making a record of everything that is said. If during deliberations you have
13 a question about what the witness said, you should ask that the court reporter’s records be read to you.
14 You must accept the court reporter’s record as accurate.
15 At the end of the trial, your notes will be collected and destroyed.
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17 Source: CACI 102
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1 INSTRUCTION NO. 4
2 MULTIPLE PARTIES
3 There are 2defendants in this trial. You should decide the case against each defendant separately
4 as if it were a separate lawsuit. Each defendant is entitled to separate consideration of that defendant’s
5 own defenses.
6 Different aspects of this case involve different parties (plaintiffs and defendants). Each
7 instruction will identify the parties to whom it applies. Pay particular attention to the parties
8 named in each instruction. or Unless I tell you otherwise, all instructions apply to each plaintiff and
9 defendant.
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11 Source: CACI 103
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1 INSTRUCTION NO. 5
2 NONPERSON PARTY
3 B5 is a party in this lawsuit. B5 is entitled to the same fair and impartial treatment that you
4 would give to an individual. You must decide this case with the same fairness that you would use if you
5 were deciding the case between individuals.
6 When I use words like “person” or “he” or “she” in these instructions to refer to a party, those
7 instructions also apply to B5.
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9 Source: CACI 104
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1 INSTRUCTION NO. 6
2 EVIDENCE
3 You must decide what the facts are in this case only from the evidence you see or hear during the
4 trial. Sworn testimony, documents, or anything else may be admitted into evidence. You may not
5 consider as evidence anything that you see or hear when court is not in session, even something done or
6 said by one of the parties, attorneys, or witnesses.
7 What the attorneys say during the trial is not evidence. In their opening statements and closing
8 arguments, the attorneys will talk to you about the law and the evidence. What the lawyers say may help
9 you understand the law and the evidence, but their statements and arguments are not evidence.
10 The attorneys’ questions are not evidence. Only the witnesses’ answers are evidence. You should
11 not think that something is true just because an attorney’s question suggests that it is true. However, the
12 attorneys for both sides can agree that certain facts are true. This agreement is called a “stipulation.” No
13 other proof is needed and you must accept those facts as true in this trial.
14 Each side has the right to object to evidence offered by the other side. If I do not agree with the
15 objection, I will say it is overruled. If I overrule an objection, the witness will answer and you may
16 consider the evidence. If I agree with the objection, I will say it is sustained. If I sustain an objection,
17 you must ignore the question. If the witness did not answer, you must not guess what that witness might
18 have said or why I sustained the objection. If the witness has already answered, you must ignore the
19 answer.
20 An attorney may make a motion to strike testimony that you have heard. If I grant the motion,
21 you must totally disregard that testimony. You must treat it as though it did not exist.
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23 Source: CACI 106
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1 INSTRUCTION NO. 7
2 WITNESSES
3 A witness is a person who has knowledge related to this case. You will have to decide whether
4 you believe each witness and how important each witness’s testimony is to the case. You may believe
5 all, part, or none of a witness’s testimony.
6 In deciding whether to believe a witness’s testimony, you may consider, among other factors, the
7 following:
8 (a) How well did the witness see, hear, or otherwise sense what the witness described in court?
9 (b) How well did the witness remember and describe what happened?
10 (c) How did the witness look, act, and speak while testifying?
11 (d) Did the witness have any reason to say something that was not true? For example, did the
12 witness show any bias or prejudice or have a personal relationship with any of the parties
13 involved in the case or have a personal stake in how this case is decided?
14 (e) What was the witness’s attitude toward this case or about giving testimony?
15 Sometimes a witness may say something that is not consistent with something else the witness said.
16 Sometimes different witnesses will give different versions of what happened. People often forget things
17 or make mistakes in what they remember. Also, two people may see the same event but remember it
18 differently. You may consider these differences, but do not decide that testimony is untrue just because
19 it differs from other testimony.
20 However, if you decide that a witness did not tell the truth about something important, you may
21 choose not to believe anything that witness said. On the other hand, if you think the witness did not tell
22 the truth about some things but told the truth about others, you may accept the part you think is true and
23 ignore the rest.
24 Do not make any decision simply because there were more witnesses on one side than on the
25 other. If you believe it is true, the testimony of a single witness is enough to prove a fact.
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27 Source: CACI 107
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1 INSTRUCTION NO. 8
2 DUTY TO ABIDE BY TRANSLATION PROVIDED IN COURT
3 Some testimony will be given in Spanish. An interpreter will provide a translation for you at the
4 time that the testimony is given. You must rely solely on the translation provided by the interpreter, even
5 if you understand the language spoken by the witness. Do not retranslate any testimony for other jurors.
6 If you believe the court interpreter translated testimony incorrectly, let me know immediately by writing
7 a note and giving it to the clerk/bailiff.
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9 Source: CACI 108
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1 INSTRUCTION NO. 9
2 INSTRUCTION TO ALTERNATE JURORS
3 As an alternate juror, you are bound by the same rules that govern the conduct of the jurors who
4 are sitting on the panel. You will observe the same trial and should pay attention to all of my instructions
5 just as if you were sitting on the panel. Sometimes a juror needs to be excused during a trial for illness or
6 some other reason. If that happens, an alternate will be selected to take that juror’s place.
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8 Source: CACI 111
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1 INSTRUCTION NO. 10
2 QUESTIONS FROM JUROR
3 If, during the trial, you have a question that you believe should be asked of a witness, you may
4 write out the question and send it to me through my courtroom staff. I will share your question with the
5 attorneys and decide whether it may be asked.
6 Do not feel disappointed if your question is not asked. Your question may not be asked for a
7 variety of reasons. For example, the question may call for an answer that is not allowed for legal
8 reasons. Also, you should not try to guess the reason why a question is not asked or speculate about
9 what the answer might have been. Because the decision whether to allow the question is mine alone, do
10 not hold it against any of the attorneys or their clients if your question is not asked.
11 Remember that you are not an advocate for one side or the other. Each of you is an impartial
12 judge of the facts. Your questions should be posed in as neutral a fashion as possible. Do not discuss any
13 question asked by any juror with any other juror until after deliberations begin.
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15 Source: CACI 112
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1 INSTRUCTION NO. 11
2 BIAS
3 Each one of us has biases about or certain perceptions or stereotypes of other people. We may be
4 aware of some of our biases, though we may not share them with others. We may not be fully aware of
5 some of our other biases.
6 Our biases often affect how we act, favorably or unfavorably, toward someone. Bias can affect
7 our thoughts, how we remember, what we see and hear, whom we believe or disbelieve, and how we
8 make important decisions.
9 As jurors you are being asked to make very important decisions in this case. You must not let
10 bias, prejudice, or public opinion influence your decision. You must not be biased in favor of or against
11 parties or witnesses because of their disability, gender, gender identity, gender expression, race, religion,
12 ethnicity, sexual orientation, age, national origin, or socioeconomic status.
13 Your verdict must be based solely on the evidence presented. You must carefully evaluate the
14 evidence and resist any urge to reach a verdict that is influenced by bias for or against any party or
15 witness.
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17 Source: CACI 113
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1 INSTRUCTION NO. 12
2 BENCH CONFERENCES AND CONFERENCES IN CHAMBERS
3 From time to time during the trial, it may become necessary for me to talk with the attorneys out
4 of the hearing of the jury, either by having a conference at the bench when the jury is present in the
5 courtroom, or by calling a recess to discuss matters outside of your presence. The purpose of these
6 conferences is not to keep relevant information from you, but to decide how certain evidence is to be
7 treated under the rules of evidence. Do not be concerned about our discussions or try to guess what is
8 being said.
9 I may not always grant an attorney’s request for a conference. Do not consider my granting or
10 denying a request for a conference as any indication of my opinion of the case or of my view of the
11 evidence.
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13 Source: CACI 114
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1 INSTRUCTION NO. 13
2 WHY ELECTRONIC COMMUNICATIONS AND RESEARCH ARE PROHIBITED
3 I know that many of us are used to communicating and perhaps even learning by electronic
4 communications and research. However, there are good reasons why you must not electronically
5 communicate or do any research on anything having to do with this trial or the parties.
6 In court, jurors must make important decisions that have consequences for the parties. Those
7 decisions must be based only on the evidence that you hear in this courtroom.
8 The evidence that is presented in court can be tested; it can be shown to be right or wrong by
9 either side; it can be questioned; and it can be contradicted by other evidence. What you might read or
10 hear on your own could easily be wrong, out of date, or inapplicable to this case.
11 The parties can receive a fair trial only if the facts and information on which you base your
12 decisions are presented to you as a group, with each juror having the same opportunity to see, hear, and
13 evaluate the evidence.
14 Also, a trial is a public process that depends on disclosure in the courtroom of facts and
15 evidence. Using information gathered in secret by one or more jurors undermines the public process and
16 violates the rights of the parties.
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18 Source: CACI 116
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1 INSTRUCTION NO. 14
2 WEALTH OF PARTIES
3 In reaching a verdict, you may not consider the wealth or poverty of any party. The parties’
4 wealth or poverty is not relevant to any of the issues that you must decide.
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6 Source: CACI 117
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1 INSTRUCTION NO. 15
2 OBLIGATION TO PROVE – MORE LIKELY TRUE THAN NOT TRUE
3 The parties must persuade you, by the evidence presented in court, that what they are required to
4 prove is more likely to be true than not true. This is referred to as “the burden of proof.”
5 After weighing all of the evidence, if you cannot decide that something is more likely to be true
6 than not true, you must conclude that the party did not prove it. You should consider all the evidence, no
7 matter which party produced the evidence.
8 In criminal trials, the prosecution must prove that the defendant is guilty beyond a reasonable
9 doubt. But in civil trials, such as this one, the party who is required to prove something need prove only
10 that it is more likely to be true than not true.
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12 Source: CACI 200
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1 INSTRUCTION NO. 16
2 PARTY HAVING POWER TO PRODUCE BETTER EVIDENCE
3 You may consider the ability of each party to provide evidence. If a party provided weaker
4 evidence when it could have provided stronger evidence, you may distrust the weaker evidence.
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6 Source: CACI 203
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1 INSTRUCTION NO. 17
2 DEPOSITION AS SUBSTANTIVE EVIDENCE
3 During the trial, you received deposition testimony that was read from the deposition transcript.
4 A deposition is the testimony of a person taken before trial. At a deposition the person is sworn to tell
5 the truth and is questioned by the attorneys. You must consider the deposition testimony that was
6 presented to you in the same way as you consider testimony given in court.
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8 Source: CACI 208
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1 INSTRUCTION NO. 18
2 OPINION TESTIMONY OF LAY WITNESS
3 A witness who was not testifying as an expert gave an opinion during the trial. You may, but are
4 not required to, accept that opinion. You may give the opinion whatever weight you think is appropriate.
5 Consider the extent of the witness’s opportunity to perceive the matters on which the opinion is
6 based, the reasons the witness gave for the opinion, and the facts or information on which the witness
7 relied in forming that opinion. You must decide whether information on which the witness relied was
8 true and accurate. You may disregard all or any part of an opinion that you find unbelievable,
9 unreasonable, or unsupported by the evidence.
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11 Source: CACI 223
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1 INSTRUCTION NO. 19
2 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS – ESSENTIAL FACTUAL
3 ELEMENTS
4 Ms. Klock claims that B5 and Mazen Almoukdad’s conduct caused her to suffer severe emotional
5 distress. To establish this claim, Ms. Klock must prove all of the following:
6 1. That B5 and Mr. Almoukdad’s conduct was outrageous;
7 2. That B5 and Mr. Almoukdad intended to cause Ms. Klock emotional distress; or that B5 and Mr.
8 Almoukdad acted with reckless disregard of the probability that Ms. Klock would suffer
9 emotional distress, knowing that Ms. Klock was present when the conduct occurred;
10 3. That Ms. Klock suffered severe emotional distress; and
11 4. That B5 and Mr. Almoukdad’s conduct was a substantial factor in causing Ms. Klock’s severe
12 emotional distress.
13 Source: CACI 1600
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1 INSTRUCTION NO. 20
2 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS – “OUTRAGEOUS CONDUCT”
3 DEFINED
4 “Outrageous conduct” is conduct so extreme that it goes beyond all possible bounds of decency.
5 Conduct is outrageous if a reasonable person would regard the conduct as intolerable in a civilized
6 community. Outrageous conduct does not include trivialities such as indignities, annoyances, hurt
7 feelings, or bad manners that a reasonable person is expected to endure.
8 In deciding whether B5 or Mazen Almoukdad’s conduct was outrageous, you may consider,
9 among other factors, the following:
10 (a) Whether B5 and Mr. Almoukdad abused a position of authority or a relationship that gave them
11 real or apparent power to affect Ms. Klock’s interests;
12 (b) Whether B5 and Mr. Almoukdad knew that Ms. Klock was particularly vulnerable to emotional
13 distress; and
14 (c) Whether B5 and Mr. Almoukdad knew that they conduct would likely result in harm due to
15 mental distress.
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17 Source: CACI 1602
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1 INSTRUCTION NO. 21
2 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS – “RECKLESS DISREGARD”
3 DEFINED
4 B5 and Mazen Almoukdad acted with reckless disregard in causing Ms. Klock emotional distress if:
5 1. B5 and Mr. Almoukdad knew that emotional distress would probably result from their conduct;
6 or
7 2. B5 and Mr. Almoukdad gave little or no thought to the probable effects of their conduct.
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9 Source: CACI 1603
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1 INSTRUCTION NO. 22
2 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS – “SEVERE EMOTIONAL
3 DISTRESS” DEFINED
4 Emotional distress includes suffering, anguish, fright, horror, nervousness, grief, anxiety, worry,
5 shock, humiliation, and shame.
6 “Severe emotional distress” is not mild or brief; it must be so substantial or long lasting that no
7 reasonable person in a civilized society should be expected to bear it. Ms. Klock is not required to prove
8 physical injury to recover damages for severe emotional distress.
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10 Source: CACI 1604
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1 INSTRUCTION NO. 23
2 DISPARATE IMPACT – ESSENTIAL FACTUAL ELEMENTS
3 Ms. Klock claims that B5 had an employment practice that wrongfully discriminated against her.
4 To establish this claim, Ms. Klock must prove all of the following:
5 1. That B5 were employers;
6 2. That Ms. Klock was an employee of B5;
7 3. That B5 had an employment practice that had a disproportionate adverse effect on women;
8 4. That Ms. Klock is a woman;
9 5. That Ms. Klock was harmed; and
10 6. That B5’s employment practice was a substantial factor in causing Ms. Klock’s harm.
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12 Source: CACI 2502
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1 INSTRUCTION NO. 24
2 RETALIATION – ESSENTIAL FACTUAL ELEMENTS
3 Ms. Klock claims that B5 retaliated against her on the basis of her gender and sex, and for
4 complaining about Mazen Almoukdad’s inappropriate conduct and activities. To establish this claim,
5 Ms. Klock must prove all of the following:
6 1. That Ms. Klock complained about Mazen Almoukdad’s inappropriate conduct and activities;
7 2. That B5 issued Ms. Klock a verbal and written warning for complaining about what she believed
8 were unlawful activities or that B5 subjected Ms. Klock to an adverse employment action;
9 3. That Ms. Klock’s complaints regarding what she believed to be unlawful activities was a
10 substantial motivating reason for B5’s decision to issue Ms. Klock a verbal and written warning;
11 4. That Ms. Klock was harmed; and
12 5. That B5’s decision to issue Ms. Klock a written and verbal warning was a substantial factor in
13 causing her harm.
14 Ms. Klock does not have to prove discrimination or harassment in order to be protected from
15 retaliation. If she reasonably believed that Mazen Almoukdad’s conduct was unlawful, she may prevail
16 on a retaliation claim even if she does not present, or prevail on, a separate claim for discrimination or
17 harassment.
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19 Source: CACI 2505
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1 INSTRUCTION NO. 25
2 “SUBSTANTIAL MOTIVATING REASON” EXPLAINED
3 A “substantial motivating reason” is a reason that actually contributed to the issuance of a verbal
4 and written warning. It must be more than a remote or trivial reason. It does not have to be the only
5 reason motivating the verbal and written warning.
6
7 Source: CACI 2507
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1 INSTRUCTION NO. 26
2 “ADVERSE EMPLOYMENT ACTION” EXPLAINED
3 Ms. Klock must prove that she was subjected to an adverse employment action. Adverse
4 employment actions are not limited to ultimate actions such as termination or demotion. There is an
5 adverse employment action if B5 have taken an action or engaged in a course or pattern of conduct that,
6 taken as a whole, materially and adversely affected the terms, conditions, or privileges of Ms. Klock’s
7 employment. An adverse employment action includes conduct that is reasonably likely to impair a
8 reasonable employee’s job performance or prospects for advancement or promotion. However, minor or
9 trivial actions or conduct that is not reasonably likely to do more than anger or upset an employee cannot
10 constitute an adverse employment action.
11
12 Source: CACI 2509
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1 INSTRUCTION NO. 27
2 WORK ENVIRONMENT HARASSMENT – CONDUCT DIRECTED AT PLAINTIFF
3 Ms. Klock claims that she was subjected to harassment based on her gender and/or sex at B5 and
4 that this harassment created a work environment that was hostile, intimidating, offensive, oppressive, or
5 abusive. To establish this claim, Ms. Klock must prove:
6 1. That Ms. Klock was an employee of B5;
7 2. That Ms. Klock was subjected to harassing conduct because she a woman;
8 3. That the harassing conduct was severe or pervasive;
9 4. That a reasonable woman in Ms. Klock’s circumstances would have considered the work
10 environment to be hostile, intimidating, offensive, oppressive, or abusive;
11 5. That Ms. Klock considered the work environment to be hostile, intimidating, offensive,
12 oppressive, or abusive;
13 6. That Mr. Almoukdad engaged in the conduct; or that B5 knew or should have known of the
14 conduct and failed to take immediate and appropriate corrective action;
15 7. That Ms. Klock was harmed; and
16 8. That the conduct was a substantial factor in causing Ms. Klock’s harm.
17
18 Source: CACI 2521A
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1 INSTRUCTION NO. 28
2 WORK ENVIRONMENT HARASSMENT – CONDUCT DIRECTED AT PLAINTIFF –
3 ESSENTIAL FACTUAL ELEMENTS – INDIVIDUAL DEFENDANT
4 Ms. Klock claims that Mazen Almoukdad subjected her to harassment based on her gender
5 and/or sex at B5 and that this harassment created a work environment that was hostile, intimidating,
6 offensive, oppressive, or abusive.
7 To establish this claim, Ms. Klock must prove all of the following:
8 1. That Ms. Klock was an employee of B5;
9 2. That Mr. Almoukdad was an employee of B5;
10 3. That Ms. Klock was subjected to harassing conduct because she was a woman;
11 4. That the harassing conduct was severe or pervasive;
12 5. That a reasonable woman in Ms. Klock’s circumstances would have considered the work
13 environment to be hostile, intimidating, offensive, oppressive, or abusive;
14 6. That Ms. Klock considered the work environment to be hostile, intimidating, offensive,
15 oppressive, or abusive;
16 7. That Mr. Almoukdad participated in the harassing conduct;
17 8. That Ms. Klock was harmed; and
18 9. That the conduct was a substantial factor in causing Ms. Klock’s harm.
19
20 Source: CACI 2522A
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1 INSTRUCTION NO. 29
2 “HARASSING CONDUCT” EXPLAINED
3 Harassing conduct may include, but is not limited to, any of the following:
4 a. Verbal harassment, such as obscene language, demeaning comments, slurs, or threats, or;
5 b. Physical harassment, such as unwanted touching, assault, or physical interference with normal
6 work or movement; or
7 c. Visual harassment, such as offensive posters, objects, cartoons, or drawings; or/and
8 d. Unwanted sexual advances.
9
10 Source: CACI 2523
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1 INSTRUCTION NO. 30
2 “SEVERE OR PERVASIVE” EXPLAINED
3 “Severe or pervasive” means conduct that alters the conditions of employment and creates a
4 work environment that is hostile, intimidating, offensive, oppressive, or abusive.
5 In determining whether the conduct was severe or pervasive, you should consider all the circumstances,
6 including any or all of the following:
7 a) The nature of the conduct;
8 b) How often, and over what period of time, the conduct occurred;
9 c) The circumstances under which the conduct occurred;
10 d) Whether the conduct was physically threatening or humiliating.
11 Ms. Klock does not have to prove that her productivity has declined. It is sufficient to prove that a
12 reasonable person who was subjected to the harassing conduct would find that the conduct so altered
13 working conditions as to make it more difficult to do the job. A single incident can be sufficiently severe
14 or pervasive to constitute harassment.
15
16 Source: CACI 2524
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1 INSTRUCTION NO. 31
2 HARASSMENT – “SUPERVISOR” DEFINED
3 Mazen Almoukdad was a supervisor of B5 if he had any of the following:
4 a) The authority to hire, transfer, promote, assign, reward, discipline, or discharge other employees;
5 b) The responsibility to act on other employees’ grievances; or
6 c) The responsibility to direct other employees’ daily work activities.
7 Mazen Almoukdad’s exercise of this authority or responsibility must not be merely routine or
8 clerical, but must require the use of independent judgment.
9
10 Source: CACI 2525
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1 INSTRUCTION NO. 32
2 FAILURE TO PREVENT HARASSMENT, DISCRIMINATION, OR RETALIATION –
3 ESSENTIAL FACTUAL ELEMENTS – EMPLOYER OR ENTITY DEFENDANT
4 Ms. Klock claims that B5 failed to take all reasonable steps to prevent harassment,
5 discrimination, retaliation based on gender, sex and age. To establish this claim, Ms. Klock must prove
6 all of the following:
7 1. That Ms. Klock was an employee of B5;
8 2. That Ms. Klock was subjected to harassment, discrimination, or retaliation in the course of
9 employment;
10 3. That B5 failed to take all reasonable steps to prevent the harassment, discrimination, or
11 retaliation;
12 4. That Ms. Klock was harmed; and
13 5. That B5 failure to take all reasonable steps to prevent harassment, discrimination, or retaliation
14 was a substantial factor in causing Ms. Klock’s harm.
15
16 Source: CACI 252
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1 INSTRUCTION NO. 33
2 INTRODUCTION TO VICARIOUS LIABILITY
3 An employer is responsible for harm caused by the wrongful conduct of its employees while
4 acting within the scope of their employment.
5 An employee is always responsible for harm caused by his own wrongful conduct, whether or
6 not the employer is also liable.
7
8 Source: CACI 3700
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1 INSTRUCTION NO. 34
2 TORT LIABILITY ASSERTED AGAINST PRINCIPAL – ESSENTIAL FACTUAL
3 ELEMENTS
4 Ms. Klock claims that she was harmed by Mazen Almoukdad’s harassing conduct.
5 Ms. Klock also claims that B5 are responsible for the harm because Mr. Almoukdad was acting
6 as their employee when the incident occurred.
7 If you find that Mr. Almoukdad’s harassing conduct harmed Ms. Klock, then you must decide
8 whether B5 are responsible for the harm. B5 are responsible if Ms. Klock proves both of the following:
9 1. That Mazen Almoukdad was B5’s employee; and
10 2. That Mr. Almoukdad was acting within the scope of his employment when he harmed Ms.
11 Klock.
12
13 Source: CACI 3701
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1 INSTRUCTION NO. 35
2 EXISTENCE OF “EMPLOYEE” STATUS DISPUTED
3 Ms. Klock must prove that Mazen Almoukdad was B5’s employee.
4 In deciding whether Mr. Almoukdad was B5’s employee, the most important factor is whether B5 had
5 the right to control how Mr. Almoukdad performed the work, rather than just the right to specify the
6 result. One indication of the right to control is that the hirer can discharge the worker without cause. It
7 does not matter whether B5 exercised the right to control.
8 In deciding whether B5 was Mr. Almoukdad’s employer, in addition to the right of control, you
9 must consider the full nature of their relationship. You should take into account the following additional
10 factors, which, if true, may show that B5 was the employer of Mr. Almoukdad. No one factor is
11 necessarily decisive. Do not simply count the number of applicable factors and use the larger number to
12 make your decision. It is for you to determine the weight and importance to give to each of these
13 additional factors based on all of the evidence.
14 a. B5 supplied the equipment, tools, and place of work;
15 b. Mr. Almoukdad was paid by the hour rather than by the job;
16 c. B5 was in business;
17 d. The work being done by Mr. Almoukdad was part of the regular business of B5;
18 e. Mr. Almoukdad was not engaged in a distinct occupation or business;
19 f. The kind of work performed by Mr. Almoukdad is usually done under the direction of a
20 supervisor rather than by a specialist working without supervision;
21 g. The kind of work performed by Mr. Almoukdad does not require specialized or professional
22 skill;
23 h. The services performed by Mr. Almoukdad were to be performed over a long period of time;
24 [and]
25 i. B5 and Mr. Almoukdad believed that they had an employer-employee relationship; [and]
26
27 Source: CACI 3704
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1 INSTRUCTION NO. 36
2 EXISTENCE OF “AGENCY” RELATIONSHIP DISPUTED
3 Ms. Klock claims that Mazen Almoukdad was B5’s agent and that B5 is therefore responsible for
4 Mr. Almoukdad’s conduct.
5 If Ms. Klock proves that B5 gave Mr. Almoukdad authority to act on their behalf, then Mr.
6 Almoukdad was B5’s agent. This authority may be shown by words or may be implied by the parties’
7 conduct. This authority cannot be shown by the words of Mr. Almoukdad alone.
8
9 Source: CACI 3705
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1 INSTRUCTION NO. 37
2 RATIFICATION
3 Ms. Klock claims that B5 is responsible for the harm caused by Mazen Almoukdad’s conduct
4 because B5 approved that conduct after it occurred. If you find that Mr. Almoukdad harmed Ms. Klock,
5 you must decide whether B5 approved that conduct.
6
7 To establish her claim, Ms. Klock must prove all of the following:
8 1. That Mr. Almoukdad, although not authorized to do so, purported to act on behalf B5;
9 2. That B5 learned of Mr. Almoukdad’s unauthorized conduct, and all of the material facts involved
10 in the unauthorized transaction, after it occurred; and
11 3. That B5 then approved Mr. Almoukdad’s conduct.
12
13 Approval can be shown through words, or it can be inferred from a person’s conduct. Approval can be
14 inferred if B5 voluntarily keeps the benefits of Mr. Almoukdad’s unauthorized conduct after they learn
15 of it.
16
17 Source: CACI 3710
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1 INSTRUCTION NO. 38
2 SCOPE OF EMPLOYMENT
3 Ms. Klock must prove that Mazen Almoukdad was acting within the scope of his employment
4 when Ms. Klock was harmed.
5 Conduct is within the scope of employment if:
6 a. It is reasonably related to the kinds of tasks that the employee was employed to perform; or
7 b. It is reasonably foreseeable in light of the employer’s business or the employee’s job
8 responsibilities.
9
10 Source: CACI 3720
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1 INSTRUCTION NO. 39
2 SCOPE OF EMPLOYMENT – UNAUTHORIZED ACTS
3 An employee’s unauthorized conduct may be within the scope of employment if the conduct was
4 committed in the course of a series of acts authorized by the employer.
5 An employee’s wrongful or criminal conduct may be within the scope of employment even if it
6 breaks a company rule or does not benefit the employer.
7
8 Source: CACI 3722
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1 INSTRUCTION NO. 39
2 INTRODUCTION TO TORT DAMAGES – LIABILITY CONTESTED
3 If you decide that Ms. Klock has proved her claim against B5 and Mazen Almoukdad, you also
4 must decide how much money will reasonably compensate Ms. Klock for the harm. This compensation
5 is called “damages.”
6 The amount of damages must include an award for each item of harm that was caused by B5 and
7 Mazen Almoukdad’s wrongful conduct, even if the particular harm could not have been anticipated.
8 Ms. Klock does not have to prove the exact amount of damages that will provide reasonable
9 compensation for the harm. However, you must not speculate or guess in awarding damages.
10
11 Source: CACI 3900
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1
Preview
1 Ricardo Lopez, Esq. (SBN 315839) Tiffany Itzel Romo, Esq. (SBN 350734) 2 RICARDO LOPEZ LAW P.C. 100 Oceangate 3 12th Floor Long Beach, CA 90808 4 Tel: (213) 634-7979 Email: rlopez@ricardolopezlaw.com 5 Email: tromo@ricardolopezlaw.com 6 Tanya Taylor, Esq. (SBN 312881) THE PREMIER LEGAL GROUP 7 626 Wilshire Blvd. Suite 410 8 Los Angeles, CA 90017 Tel (213) 293-2909 9 Email: tanya@thepremierlegalgroup.com 10 Attorneys for Plaintiff SOPHINA KLOCK 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SANTA CRUZ 13 14 SOPHINA KLOCK, an individual, ) CASE NO.: 22CV01713 15 ) Plaintiff, ) Hon. Timothy Schmal 16 v. ) ) Dept.: 4 17 B5 INVESTMENTS LLC, a California ) corporation; G6 HOSPITALITY LLC, a ) PLAINTIFF’S PROPOSED JURY 18 California corporation; MOTEL 6 OPERATING ) INSTRUCTIONS L.P., a California corporation; MAZEN ) 19 ALMOUKDAD, an individual; and DOES 1 ) Trial Date: March 25, 2024 through 100, inclusive, ) Time: 9:00 a.m. 20 ) Dept.: 4 Defendants. ) Judge: Hon. Timothy Schmal 21 ) ) 22 ) ) 23 ) ) 24 ) ) ) 25 ) ) 26 ) ) 27 28 1 INSTRUCTION NO. 1 2 PRELIMINARY ADMONITIONS 3 You have now been sworn as jurors in this case. I want to impress on you the seriousness and 4 importance of serving on a jury. Trial by jury is a fundamental right in California. The parties have a 5 right to a jury that is selected fairly, that comes to the case without bias, and that will attempt to reach a 6 verdict based on the evidence presented. Before we begin, I need to explain how you must conduct 7 yourselves during the trial. 8 Do not allow anything that happens outside this courtroom to affect your decision. During the 9 trial do not talk about this case or the people involved in it with anyone, including family and persons 10 living in your household, friends and co-workers, spiritual leaders, advisors, or therapists. You may say 11 you are on a jury and how long the trial may take, but that is all. You must not even talk about the case 12 with the other jurors until after I tell you that it is time for you to decide the case. 13 This prohibition is not limited to face-to-face conversations. It also extends to all forms of 14 electronic communications. Do not use any electronic device or media, such as a cell phone or smart 15 phone, PDA, computer, the Internet, any Internet service, any text or instant- messaging service, any 16 Internet chat room, blog, or website, including social networking websites or online diaries, to send or 17 receive any information to or from anyone about this case or your experience as a juror until after you 18 have been discharged from your jury duty. 19 During the trial you must not listen to anyone else talk about the case or the people involved in 20 the case. You must avoid any contact with the parties, the lawyers, the witnesses, and anyone else who 21 may have a connection to the case. If anyone tries to talk to you about this case, tell that person that you 22 cannot discuss it because you are a juror. If that person keeps talking to you, simply walk away and 23 report the incident to the court as soon as you can. 24 After the trial is over and I have released you from jury duty, you may discuss the case with 25 anyone, but you are not required to do so. 26 During the trial, do not read, listen to, or watch any news reports about this case. I have no 27 information that there will be news reports concerning this case. This prohibition extends to the use of 28 the Internet in any way, including reading any blog about the case or about anyone involved with it. If 1 1 you receive any information about this case from any source outside of the courtroom, promptly report it 2 to the court attendant/bailiff. It is important that all jurors see and hear the same evidence at the same 3 time. 4 Do not do any research on your own or as a group. Do not use dictionaries, the Internet, or other 5 reference materials. Do not investigate the case or conduct any experiments. Do not contact anyone to 6 assist you, such as a family accountant, doctor, or lawyer. Do not visit or view the scene of any event 7 involved in this case or use any Internet maps or mapping programs or any other program or device to 8 search for or to view any place discussed in the testimony. If you happen to pass by the scene, do not 9 stop or investigate. If you do need to view the scene during the trial, you will be taken there as a group 10 under proper supervision. 11 If you violate any of these prohibitions on communications and research, including prohibitions 12 on electronic communications and research, you may be held in contempt of court or face other 13 sanctions. That means that you may have to serve time in jail, pay a fine, or face other punishment for 14 that violation. 15 It is important that you keep an open mind throughout this trial. Evidence can only be presented 16 a piece at a time. Do not form or express an opinion about this case while the trial is going on. You must 17 not decide on a verdict until after you have heard all the evidence and have discussed it thoroughly with 18 your fellow jurors in your deliberations. 19 Do not concern yourselves with the reasons for the rulings I will make during the course of the 20 trial. Do not guess what I may think your verdict should be from anything I might say or do. 21 When you begin your deliberations, you may discuss the case only in the jury room and only 22 when all the jurors are present. 23 You must decide what the facts are in this case. Do not let bias, sympathy, prejudice, or public 24 opinion influence your verdict. 25 At the end of the trial, I will explain the law that you must follow to reach your verdict. You 26 must follow the law as I explain it to you, even if you do not agree with the law. 27 28 Source: CACI 100 2 1 INSTRUCTION NO. 2 2 OVERVIEW OF TRIAL 3 To assist you in your tasks as jurors, I will now explain how the trial will proceed. I will begin by 4 identifying the parties to the case. Sophina Klock filed this lawsuit. She is called a plaintiff. She seeks 5 damages from B5 Investments LLC and Mazen Almoukdad, who are called the defendant. 6 Ms. Klock claims B5 discriminated against her on the basis of her gender and sex, and that B5 7 retaliated against Ms. Klock for making complaints about their discrimination and harassment by Mazen 8 Almoukdad. 9 First, each side may make an opening statement, but neither side is required to do so. An opening 10 statement is not evidence. It is simply an outline to help you understand what that party expects the 11 evidence will show. Also, because it is often difficult to give you the evidence in the order we would 12 prefer, the opening statement allows you to keep an overview of the case in mind during the presentation 13 of the evidence. 14 Next, the jury will hear the evidence. Ms. Klock will present evidence first. When Ms. Klock is 15 finished, B5 and Mr. Almoukdad will have an opportunity to present evidence. 16 Each witness will first be questioned by the side that asked the witness to testify. This is called 17 direct examination. Then the other side is permitted to question the witness. This is called cross- 18 examination. 19 Documents or objects referred to during the trial are called exhibits. Exhibits are given a number 20 so that they may be clearly identified. Exhibits are not evidence until I admit them into evidence. During 21 your deliberations, you will be able to look at all exhibits admitted into evidence. 22 There are many rules that govern whether something will be admitted into evidence. As one side 23 presents evidence, the other side has the right to object and to ask me to decide if the evidence is 24 permitted by the rules. Usually, I will decide immediately, but sometimes I may have to hear arguments 25 outside of your presence. 26 After the evidence has been presented, I will instruct you on the law that applies to the case and 27 the attorneys will make closing arguments. What the parties say in closing argument is not evidence. 28 The arguments are offered to help you understand the evidence and how the law applies to it. 3 1 Source: CACI 101 2 3 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 4 1 INSTRUCTION NO. 3 2 TAKING NOTES DURING THE TRIAL 3 You have been given notebooks and may take notes during the trial. Do not take the notebooks 4 out of the courtroom or jury room at any time during the trial. You may take your notes into the jury 5 room during deliberations. 6 You should use your notes only to remind yourself of what happened during the trial. Do not let 7 your note-taking interfere with your ability to listen carefully to all the testimony and to watch the 8 witnesses as they testify. Nor should you allow your impression of a witness or other evidence to be 9 influenced by whether or not other jurors are taking notes. Your independent recollection of the 10 evidence should govern your verdict, and you should not allow yourself to be influenced by the notes of 11 other jurors if those notes differ from what you remember. 12 The court reporter is making a record of everything that is said. If during deliberations you have 13 a question about what the witness said, you should ask that the court reporter’s records be read to you. 14 You must accept the court reporter’s record as accurate. 15 At the end of the trial, your notes will be collected and destroyed. 16 17 Source: CACI 102 18 19 20 21 22 23 24 25 26 27 28 5 1 INSTRUCTION NO. 4 2 MULTIPLE PARTIES 3 There are 2defendants in this trial. You should decide the case against each defendant separately 4 as if it were a separate lawsuit. Each defendant is entitled to separate consideration of that defendant’s 5 own defenses. 6 Different aspects of this case involve different parties (plaintiffs and defendants). Each 7 instruction will identify the parties to whom it applies. Pay particular attention to the parties 8 named in each instruction. or Unless I tell you otherwise, all instructions apply to each plaintiff and 9 defendant. 10 11 Source: CACI 103 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 1 INSTRUCTION NO. 5 2 NONPERSON PARTY 3 B5 is a party in this lawsuit. B5 is entitled to the same fair and impartial treatment that you 4 would give to an individual. You must decide this case with the same fairness that you would use if you 5 were deciding the case between individuals. 6 When I use words like “person” or “he” or “she” in these instructions to refer to a party, those 7 instructions also apply to B5. 8 9 Source: CACI 104 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 1 INSTRUCTION NO. 6 2 EVIDENCE 3 You must decide what the facts are in this case only from the evidence you see or hear during the 4 trial. Sworn testimony, documents, or anything else may be admitted into evidence. You may not 5 consider as evidence anything that you see or hear when court is not in session, even something done or 6 said by one of the parties, attorneys, or witnesses. 7 What the attorneys say during the trial is not evidence. In their opening statements and closing 8 arguments, the attorneys will talk to you about the law and the evidence. What the lawyers say may help 9 you understand the law and the evidence, but their statements and arguments are not evidence. 10 The attorneys’ questions are not evidence. Only the witnesses’ answers are evidence. You should 11 not think that something is true just because an attorney’s question suggests that it is true. However, the 12 attorneys for both sides can agree that certain facts are true. This agreement is called a “stipulation.” No 13 other proof is needed and you must accept those facts as true in this trial. 14 Each side has the right to object to evidence offered by the other side. If I do not agree with the 15 objection, I will say it is overruled. If I overrule an objection, the witness will answer and you may 16 consider the evidence. If I agree with the objection, I will say it is sustained. If I sustain an objection, 17 you must ignore the question. If the witness did not answer, you must not guess what that witness might 18 have said or why I sustained the objection. If the witness has already answered, you must ignore the 19 answer. 20 An attorney may make a motion to strike testimony that you have heard. If I grant the motion, 21 you must totally disregard that testimony. You must treat it as though it did not exist. 22 23 Source: CACI 106 24 25 26 27 28 8 1 INSTRUCTION NO. 7 2 WITNESSES 3 A witness is a person who has knowledge related to this case. You will have to decide whether 4 you believe each witness and how important each witness’s testimony is to the case. You may believe 5 all, part, or none of a witness’s testimony. 6 In deciding whether to believe a witness’s testimony, you may consider, among other factors, the 7 following: 8 (a) How well did the witness see, hear, or otherwise sense what the witness described in court? 9 (b) How well did the witness remember and describe what happened? 10 (c) How did the witness look, act, and speak while testifying? 11 (d) Did the witness have any reason to say something that was not true? For example, did the 12 witness show any bias or prejudice or have a personal relationship with any of the parties 13 involved in the case or have a personal stake in how this case is decided? 14 (e) What was the witness’s attitude toward this case or about giving testimony? 15 Sometimes a witness may say something that is not consistent with something else the witness said. 16 Sometimes different witnesses will give different versions of what happened. People often forget things 17 or make mistakes in what they remember. Also, two people may see the same event but remember it 18 differently. You may consider these differences, but do not decide that testimony is untrue just because 19 it differs from other testimony. 20 However, if you decide that a witness did not tell the truth about something important, you may 21 choose not to believe anything that witness said. On the other hand, if you think the witness did not tell 22 the truth about some things but told the truth about others, you may accept the part you think is true and 23 ignore the rest. 24 Do not make any decision simply because there were more witnesses on one side than on the 25 other. If you believe it is true, the testimony of a single witness is enough to prove a fact. 26 27 Source: CACI 107 28 9 1 INSTRUCTION NO. 8 2 DUTY TO ABIDE BY TRANSLATION PROVIDED IN COURT 3 Some testimony will be given in Spanish. An interpreter will provide a translation for you at the 4 time that the testimony is given. You must rely solely on the translation provided by the interpreter, even 5 if you understand the language spoken by the witness. Do not retranslate any testimony for other jurors. 6 If you believe the court interpreter translated testimony incorrectly, let me know immediately by writing 7 a note and giving it to the clerk/bailiff. 8 9 Source: CACI 108 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 1 INSTRUCTION NO. 9 2 INSTRUCTION TO ALTERNATE JURORS 3 As an alternate juror, you are bound by the same rules that govern the conduct of the jurors who 4 are sitting on the panel. You will observe the same trial and should pay attention to all of my instructions 5 just as if you were sitting on the panel. Sometimes a juror needs to be excused during a trial for illness or 6 some other reason. If that happens, an alternate will be selected to take that juror’s place. 7 8 Source: CACI 111 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 1 INSTRUCTION NO. 10 2 QUESTIONS FROM JUROR 3 If, during the trial, you have a question that you believe should be asked of a witness, you may 4 write out the question and send it to me through my courtroom staff. I will share your question with the 5 attorneys and decide whether it may be asked. 6 Do not feel disappointed if your question is not asked. Your question may not be asked for a 7 variety of reasons. For example, the question may call for an answer that is not allowed for legal 8 reasons. Also, you should not try to guess the reason why a question is not asked or speculate about 9 what the answer might have been. Because the decision whether to allow the question is mine alone, do 10 not hold it against any of the attorneys or their clients if your question is not asked. 11 Remember that you are not an advocate for one side or the other. Each of you is an impartial 12 judge of the facts. Your questions should be posed in as neutral a fashion as possible. Do not discuss any 13 question asked by any juror with any other juror until after deliberations begin. 14 15 Source: CACI 112 16 17 18 19 20 21 22 23 24 25 26 27 28 12 1 INSTRUCTION NO. 11 2 BIAS 3 Each one of us has biases about or certain perceptions or stereotypes of other people. We may be 4 aware of some of our biases, though we may not share them with others. We may not be fully aware of 5 some of our other biases. 6 Our biases often affect how we act, favorably or unfavorably, toward someone. Bias can affect 7 our thoughts, how we remember, what we see and hear, whom we believe or disbelieve, and how we 8 make important decisions. 9 As jurors you are being asked to make very important decisions in this case. You must not let 10 bias, prejudice, or public opinion influence your decision. You must not be biased in favor of or against 11 parties or witnesses because of their disability, gender, gender identity, gender expression, race, religion, 12 ethnicity, sexual orientation, age, national origin, or socioeconomic status. 13 Your verdict must be based solely on the evidence presented. You must carefully evaluate the 14 evidence and resist any urge to reach a verdict that is influenced by bias for or against any party or 15 witness. 16 17 Source: CACI 113 18 19 20 21 22 23 24 25 26 27 28 13 1 INSTRUCTION NO. 12 2 BENCH CONFERENCES AND CONFERENCES IN CHAMBERS 3 From time to time during the trial, it may become necessary for me to talk with the attorneys out 4 of the hearing of the jury, either by having a conference at the bench when the jury is present in the 5 courtroom, or by calling a recess to discuss matters outside of your presence. The purpose of these 6 conferences is not to keep relevant information from you, but to decide how certain evidence is to be 7 treated under the rules of evidence. Do not be concerned about our discussions or try to guess what is 8 being said. 9 I may not always grant an attorney’s request for a conference. Do not consider my granting or 10 denying a request for a conference as any indication of my opinion of the case or of my view of the 11 evidence. 12 13 Source: CACI 114 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 1 INSTRUCTION NO. 13 2 WHY ELECTRONIC COMMUNICATIONS AND RESEARCH ARE PROHIBITED 3 I know that many of us are used to communicating and perhaps even learning by electronic 4 communications and research. However, there are good reasons why you must not electronically 5 communicate or do any research on anything having to do with this trial or the parties. 6 In court, jurors must make important decisions that have consequences for the parties. Those 7 decisions must be based only on the evidence that you hear in this courtroom. 8 The evidence that is presented in court can be tested; it can be shown to be right or wrong by 9 either side; it can be questioned; and it can be contradicted by other evidence. What you might read or 10 hear on your own could easily be wrong, out of date, or inapplicable to this case. 11 The parties can receive a fair trial only if the facts and information on which you base your 12 decisions are presented to you as a group, with each juror having the same opportunity to see, hear, and 13 evaluate the evidence. 14 Also, a trial is a public process that depends on disclosure in the courtroom of facts and 15 evidence. Using information gathered in secret by one or more jurors undermines the public process and 16 violates the rights of the parties. 17 18 Source: CACI 116 19 20 21 22 23 24 25 26 27 28 15 1 INSTRUCTION NO. 14 2 WEALTH OF PARTIES 3 In reaching a verdict, you may not consider the wealth or poverty of any party. The parties’ 4 wealth or poverty is not relevant to any of the issues that you must decide. 5 6 Source: CACI 117 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 1 INSTRUCTION NO. 15 2 OBLIGATION TO PROVE – MORE LIKELY TRUE THAN NOT TRUE 3 The parties must persuade you, by the evidence presented in court, that what they are required to 4 prove is more likely to be true than not true. This is referred to as “the burden of proof.” 5 After weighing all of the evidence, if you cannot decide that something is more likely to be true 6 than not true, you must conclude that the party did not prove it. You should consider all the evidence, no 7 matter which party produced the evidence. 8 In criminal trials, the prosecution must prove that the defendant is guilty beyond a reasonable 9 doubt. But in civil trials, such as this one, the party who is required to prove something need prove only 10 that it is more likely to be true than not true. 11 12 Source: CACI 200 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17 1 INSTRUCTION NO. 16 2 PARTY HAVING POWER TO PRODUCE BETTER EVIDENCE 3 You may consider the ability of each party to provide evidence. If a party provided weaker 4 evidence when it could have provided stronger evidence, you may distrust the weaker evidence. 5 6 Source: CACI 203 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18 1 INSTRUCTION NO. 17 2 DEPOSITION AS SUBSTANTIVE EVIDENCE 3 During the trial, you received deposition testimony that was read from the deposition transcript. 4 A deposition is the testimony of a person taken before trial. At a deposition the person is sworn to tell 5 the truth and is questioned by the attorneys. You must consider the deposition testimony that was 6 presented to you in the same way as you consider testimony given in court. 7 8 Source: CACI 208 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19 1 INSTRUCTION NO. 18 2 OPINION TESTIMONY OF LAY WITNESS 3 A witness who was not testifying as an expert gave an opinion during the trial. You may, but are 4 not required to, accept that opinion. You may give the opinion whatever weight you think is appropriate. 5 Consider the extent of the witness’s opportunity to perceive the matters on which the opinion is 6 based, the reasons the witness gave for the opinion, and the facts or information on which the witness 7 relied in forming that opinion. You must decide whether information on which the witness relied was 8 true and accurate. You may disregard all or any part of an opinion that you find unbelievable, 9 unreasonable, or unsupported by the evidence. 10 11 Source: CACI 223 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 1 INSTRUCTION NO. 19 2 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS – ESSENTIAL FACTUAL 3 ELEMENTS 4 Ms. Klock claims that B5 and Mazen Almoukdad’s conduct caused her to suffer severe emotional 5 distress. To establish this claim, Ms. Klock must prove all of the following: 6 1. That B5 and Mr. Almoukdad’s conduct was outrageous; 7 2. That B5 and Mr. Almoukdad intended to cause Ms. Klock emotional distress; or that B5 and Mr. 8 Almoukdad acted with reckless disregard of the probability that Ms. Klock would suffer 9 emotional distress, knowing that Ms. Klock was present when the conduct occurred; 10 3. That Ms. Klock suffered severe emotional distress; and 11 4. That B5 and Mr. Almoukdad’s conduct was a substantial factor in causing Ms. Klock’s severe 12 emotional distress. 13 Source: CACI 1600 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22 1 INSTRUCTION NO. 20 2 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS – “OUTRAGEOUS CONDUCT” 3 DEFINED 4 “Outrageous conduct” is conduct so extreme that it goes beyond all possible bounds of decency. 5 Conduct is outrageous if a reasonable person would regard the conduct as intolerable in a civilized 6 community. Outrageous conduct does not include trivialities such as indignities, annoyances, hurt 7 feelings, or bad manners that a reasonable person is expected to endure. 8 In deciding whether B5 or Mazen Almoukdad’s conduct was outrageous, you may consider, 9 among other factors, the following: 10 (a) Whether B5 and Mr. Almoukdad abused a position of authority or a relationship that gave them 11 real or apparent power to affect Ms. Klock’s interests; 12 (b) Whether B5 and Mr. Almoukdad knew that Ms. Klock was particularly vulnerable to emotional 13 distress; and 14 (c) Whether B5 and Mr. Almoukdad knew that they conduct would likely result in harm due to 15 mental distress. 16 17 Source: CACI 1602 18 19 20 21 22 23 24 25 26 27 28 23 1 INSTRUCTION NO. 21 2 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS – “RECKLESS DISREGARD” 3 DEFINED 4 B5 and Mazen Almoukdad acted with reckless disregard in causing Ms. Klock emotional distress if: 5 1. B5 and Mr. Almoukdad knew that emotional distress would probably result from their conduct; 6 or 7 2. B5 and Mr. Almoukdad gave little or no thought to the probable effects of their conduct. 8 9 Source: CACI 1603 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24 1 INSTRUCTION NO. 22 2 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS – “SEVERE EMOTIONAL 3 DISTRESS” DEFINED 4 Emotional distress includes suffering, anguish, fright, horror, nervousness, grief, anxiety, worry, 5 shock, humiliation, and shame. 6 “Severe emotional distress” is not mild or brief; it must be so substantial or long lasting that no 7 reasonable person in a civilized society should be expected to bear it. Ms. Klock is not required to prove 8 physical injury to recover damages for severe emotional distress. 9 10 Source: CACI 1604 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 25 1 INSTRUCTION NO. 23 2 DISPARATE IMPACT – ESSENTIAL FACTUAL ELEMENTS 3 Ms. Klock claims that B5 had an employment practice that wrongfully discriminated against her. 4 To establish this claim, Ms. Klock must prove all of the following: 5 1. That B5 were employers; 6 2. That Ms. Klock was an employee of B5; 7 3. That B5 had an employment practice that had a disproportionate adverse effect on women; 8 4. That Ms. Klock is a woman; 9 5. That Ms. Klock was harmed; and 10 6. That B5’s employment practice was a substantial factor in causing Ms. Klock’s harm. 11 12 Source: CACI 2502 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26 1 INSTRUCTION NO. 24 2 RETALIATION – ESSENTIAL FACTUAL ELEMENTS 3 Ms. Klock claims that B5 retaliated against her on the basis of her gender and sex, and for 4 complaining about Mazen Almoukdad’s inappropriate conduct and activities. To establish this claim, 5 Ms. Klock must prove all of the following: 6 1. That Ms. Klock complained about Mazen Almoukdad’s inappropriate conduct and activities; 7 2. That B5 issued Ms. Klock a verbal and written warning for complaining about what she believed 8 were unlawful activities or that B5 subjected Ms. Klock to an adverse employment action; 9 3. That Ms. Klock’s complaints regarding what she believed to be unlawful activities was a 10 substantial motivating reason for B5’s decision to issue Ms. Klock a verbal and written warning; 11 4. That Ms. Klock was harmed; and 12 5. That B5’s decision to issue Ms. Klock a written and verbal warning was a substantial factor in 13 causing her harm. 14 Ms. Klock does not have to prove discrimination or harassment in order to be protected from 15 retaliation. If she reasonably believed that Mazen Almoukdad’s conduct was unlawful, she may prevail 16 on a retaliation claim even if she does not present, or prevail on, a separate claim for discrimination or 17 harassment. 18 19 Source: CACI 2505 20 21 22 23 24 25 26 27 28 27 1 INSTRUCTION NO. 25 2 “SUBSTANTIAL MOTIVATING REASON” EXPLAINED 3 A “substantial motivating reason” is a reason that actually contributed to the issuance of a verbal 4 and written warning. It must be more than a remote or trivial reason. It does not have to be the only 5 reason motivating the verbal and written warning. 6 7 Source: CACI 2507 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 28 1 INSTRUCTION NO. 26 2 “ADVERSE EMPLOYMENT ACTION” EXPLAINED 3 Ms. Klock must prove that she was subjected to an adverse employment action. Adverse 4 employment actions are not limited to ultimate actions such as termination or demotion. There is an 5 adverse employment action if B5 have taken an action or engaged in a course or pattern of conduct that, 6 taken as a whole, materially and adversely affected the terms, conditions, or privileges of Ms. Klock’s 7 employment. An adverse employment action includes conduct that is reasonably likely to impair a 8 reasonable employee’s job performance or prospects for advancement or promotion. However, minor or 9 trivial actions or conduct that is not reasonably likely to do more than anger or upset an employee cannot 10 constitute an adverse employment action. 11 12 Source: CACI 2509 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 INSTRUCTION NO. 27 2 WORK ENVIRONMENT HARASSMENT – CONDUCT DIRECTED AT PLAINTIFF 3 Ms. Klock claims that she was subjected to harassment based on her gender and/or sex at B5 and 4 that this harassment created a work environment that was hostile, intimidating, offensive, oppressive, or 5 abusive. To establish this claim, Ms. Klock must prove: 6 1. That Ms. Klock was an employee of B5; 7 2. That Ms. Klock was subjected to harassing conduct because she a woman; 8 3. That the harassing conduct was severe or pervasive; 9 4. That a reasonable woman in Ms. Klock’s circumstances would have considered the work 10 environment to be hostile, intimidating, offensive, oppressive, or abusive; 11 5. That Ms. Klock considered the work environment to be hostile, intimidating, offensive, 12 oppressive, or abusive; 13 6. That Mr. Almoukdad engaged in the conduct; or that B5 knew or should have known of the 14 conduct and failed to take immediate and appropriate corrective action; 15 7. That Ms. Klock was harmed; and 16 8. That the conduct was a substantial factor in causing Ms. Klock’s harm. 17 18 Source: CACI 2521A 19 20 21 22 23 24 25 26 27 28 30 1 INSTRUCTION NO. 28 2 WORK ENVIRONMENT HARASSMENT – CONDUCT DIRECTED AT PLAINTIFF – 3 ESSENTIAL FACTUAL ELEMENTS – INDIVIDUAL DEFENDANT 4 Ms. Klock claims that Mazen Almoukdad subjected her to harassment based on her gender 5 and/or sex at B5 and that this harassment created a work environment that was hostile, intimidating, 6 offensive, oppressive, or abusive. 7 To establish this claim, Ms. Klock must prove all of the following: 8 1. That Ms. Klock was an employee of B5; 9 2. That Mr. Almoukdad was an employee of B5; 10 3. That Ms. Klock was subjected to harassing conduct because she was a woman; 11 4. That the harassing conduct was severe or pervasive; 12 5. That a reasonable woman in Ms. Klock’s circumstances would have considered the work 13 environment to be hostile, intimidating, offensive, oppressive, or abusive; 14 6. That Ms. Klock considered the work environment to be hostile, intimidating, offensive, 15 oppressive, or abusive; 16 7. That Mr. Almoukdad participated in the harassing conduct; 17 8. That Ms. Klock was harmed; and 18 9. That the conduct was a substantial factor in causing Ms. Klock’s harm. 19 20 Source: CACI 2522A 21 22 23 24 25 26 27 28 31 1 INSTRUCTION NO. 29 2 “HARASSING CONDUCT” EXPLAINED 3 Harassing conduct may include, but is not limited to, any of the following: 4 a. Verbal harassment, such as obscene language, demeaning comments, slurs, or threats, or; 5 b. Physical harassment, such as unwanted touching, assault, or physical interference with normal 6 work or movement; or 7 c. Visual harassment, such as offensive posters, objects, cartoons, or drawings; or/and 8 d. Unwanted sexual advances. 9 10 Source: CACI 2523 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 32 1 INSTRUCTION NO. 30 2 “SEVERE OR PERVASIVE” EXPLAINED 3 “Severe or pervasive” means conduct that alters the conditions of employment and creates a 4 work environment that is hostile, intimidating, offensive, oppressive, or abusive. 5 In determining whether the conduct was severe or pervasive, you should consider all the circumstances, 6 including any or all of the following: 7 a) The nature of the conduct; 8 b) How often, and over what period of time, the conduct occurred; 9 c) The circumstances under which the conduct occurred; 10 d) Whether the conduct was physically threatening or humiliating. 11 Ms. Klock does not have to prove that her productivity has declined. It is sufficient to prove that a 12 reasonable person who was subjected to the harassing conduct would find that the conduct so altered 13 working conditions as to make it more difficult to do the job. A single incident can be sufficiently severe 14 or pervasive to constitute harassment. 15 16 Source: CACI 2524 17 18 19 20 21 22 23 24 25 26 27 28 33 1 INSTRUCTION NO. 31 2 HARASSMENT – “SUPERVISOR” DEFINED 3 Mazen Almoukdad was a supervisor of B5 if he had any of the following: 4 a) The authority to hire, transfer, promote, assign, reward, discipline, or discharge other employees; 5 b) The responsibility to act on other employees’ grievances; or 6 c) The responsibility to direct other employees’ daily work activities. 7 Mazen Almoukdad’s exercise of this authority or responsibility must not be merely routine or 8 clerical, but must require the use of independent judgment. 9 10 Source: CACI 2525 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 34 1 INSTRUCTION NO. 32 2 FAILURE TO PREVENT HARASSMENT, DISCRIMINATION, OR RETALIATION – 3 ESSENTIAL FACTUAL ELEMENTS – EMPLOYER OR ENTITY DEFENDANT 4 Ms. Klock claims that B5 failed to take all reasonable steps to prevent harassment, 5 discrimination, retaliation based on gender, sex and age. To establish this claim, Ms. Klock must prove 6 all of the following: 7 1. That Ms. Klock was an employee of B5; 8 2. That Ms. Klock was subjected to harassment, discrimination, or retaliation in the course of 9 employment; 10 3. That B5 failed to take all reasonable steps to prevent the harassment, discrimination, or 11 retaliation; 12 4. That Ms. Klock was harmed; and 13 5. That B5 failure to take all reasonable steps to prevent harassment, discrimination, or retaliation 14 was a substantial factor in causing Ms. Klock’s harm. 15 16 Source: CACI 252 17 18 19 20 21 22 23 24 25 26 27 28 35 1 INSTRUCTION NO. 33 2 INTRODUCTION TO VICARIOUS LIABILITY 3 An employer is responsible for harm caused by the wrongful conduct of its employees while 4 acting within the scope of their employment. 5 An employee is always responsible for harm caused by his own wrongful conduct, whether or 6 not the employer is also liable. 7 8 Source: CACI 3700 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 36 1 INSTRUCTION NO. 34 2 TORT LIABILITY ASSERTED AGAINST PRINCIPAL – ESSENTIAL FACTUAL 3 ELEMENTS 4 Ms. Klock claims that she was harmed by Mazen Almoukdad’s harassing conduct. 5 Ms. Klock also claims that B5 are responsible for the harm because Mr. Almoukdad was acting 6 as their employee when the incident occurred. 7 If you find that Mr. Almoukdad’s harassing conduct harmed Ms. Klock, then you must decide 8 whether B5 are responsible for the harm. B5 are responsible if Ms. Klock proves both of the following: 9 1. That Mazen Almoukdad was B5’s employee; and 10 2. That Mr. Almoukdad was acting within the scope of his employment when he harmed Ms. 11 Klock. 12 13 Source: CACI 3701 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 37 1 INSTRUCTION NO. 35 2 EXISTENCE OF “EMPLOYEE” STATUS DISPUTED 3 Ms. Klock must prove that Mazen Almoukdad was B5’s employee. 4 In deciding whether Mr. Almoukdad was B5’s employee, the most important factor is whether B5 had 5 the right to control how Mr. Almoukdad performed the work, rather than just the right to specify the 6 result. One indication of the right to control is that the hirer can discharge the worker without cause. It 7 does not matter whether B5 exercised the right to control. 8 In deciding whether B5 was Mr. Almoukdad’s employer, in addition to the right of control, you 9 must consider the full nature of their relationship. You should take into account the following additional 10 factors, which, if true, may show that B5 was the employer of Mr. Almoukdad. No one factor is 11 necessarily decisive. Do not simply count the number of applicable factors and use the larger number to 12 make your decision. It is for you to determine the weight and importance to give to each of these 13 additional factors based on all of the evidence. 14 a. B5 supplied the equipment, tools, and place of work; 15 b. Mr. Almoukdad was paid by the hour rather than by the job; 16 c. B5 was in business; 17 d. The work being done by Mr. Almoukdad was part of the regular business of B5; 18 e. Mr. Almoukdad was not engaged in a distinct occupation or business; 19 f. The kind of work performed by Mr. Almoukdad is usually done under the direction of a 20 supervisor rather than by a specialist working without supervision; 21 g. The kind of work performed by Mr. Almoukdad does not require specialized or professional 22 skill; 23 h. The services performed by Mr. Almoukdad were to be performed over a long period of time; 24 [and] 25 i. B5 and Mr. Almoukdad believed that they had an employer-employee relationship; [and] 26 27 Source: CACI 3704 28 38 1 INSTRUCTION NO. 36 2 EXISTENCE OF “AGENCY” RELATIONSHIP DISPUTED 3 Ms. Klock claims that Mazen Almoukdad was B5’s agent and that B5 is therefore responsible for 4 Mr. Almoukdad’s conduct. 5 If Ms. Klock proves that B5 gave Mr. Almoukdad authority to act on their behalf, then Mr. 6 Almoukdad was B5’s agent. This authority may be shown by words or may be implied by the parties’ 7 conduct. This authority cannot be shown by the words of Mr. Almoukdad alone. 8 9 Source: CACI 3705 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 39 1 INSTRUCTION NO. 37 2 RATIFICATION 3 Ms. Klock claims that B5 is responsible for the harm caused by Mazen Almoukdad’s conduct 4 because B5 approved that conduct after it occurred. If you find that Mr. Almoukdad harmed Ms. Klock, 5 you must decide whether B5 approved that conduct. 6 7 To establish her claim, Ms. Klock must prove all of the following: 8 1. That Mr. Almoukdad, although not authorized to do so, purported to act on behalf B5; 9 2. That B5 learned of Mr. Almoukdad’s unauthorized conduct, and all of the material facts involved 10 in the unauthorized transaction, after it occurred; and 11 3. That B5 then approved Mr. Almoukdad’s conduct. 12 13 Approval can be shown through words, or it can be inferred from a person’s conduct. Approval can be 14 inferred if B5 voluntarily keeps the benefits of Mr. Almoukdad’s unauthorized conduct after they learn 15 of it. 16 17 Source: CACI 3710 18 19 20 21 22 23 24 25 26 27 28 40 1 INSTRUCTION NO. 38 2 SCOPE OF EMPLOYMENT 3 Ms. Klock must prove that Mazen Almoukdad was acting within the scope of his employment 4 when Ms. Klock was harmed. 5 Conduct is within the scope of employment if: 6 a. It is reasonably related to the kinds of tasks that the employee was employed to perform; or 7 b. It is reasonably foreseeable in light of the employer’s business or the employee’s job 8 responsibilities. 9 10 Source: CACI 3720 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 41 1 INSTRUCTION NO. 39 2 SCOPE OF EMPLOYMENT – UNAUTHORIZED ACTS 3 An employee’s unauthorized conduct may be within the scope of employment if the conduct was 4 committed in the course of a series of acts authorized by the employer. 5 An employee’s wrongful or criminal conduct may be within the scope of employment even if it 6 breaks a company rule or does not benefit the employer. 7 8 Source: CACI 3722 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 42 1 INSTRUCTION NO. 39 2 INTRODUCTION TO TORT DAMAGES – LIABILITY CONTESTED 3 If you decide that Ms. Klock has proved her claim against B5 and Mazen Almoukdad, you also 4 must decide how much money will reasonably compensate Ms. Klock for the harm. This compensation 5 is called “damages.” 6 The amount of damages must include an award for each item of harm that was caused by B5 and 7 Mazen Almoukdad’s wrongful conduct, even if the particular harm could not have been anticipated. 8 Ms. Klock does not have to prove the exact amount of damages that will provide reasonable 9 compensation for the harm. However, you must not speculate or guess in awarding damages. 10 11 Source: CACI 3900 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 44 1