Motion for Stipulated Judgment in HECTOR EVERARDO BAUTISTA CASTANON , et al vs. AMICI'S EAST COAST PIZZERIA, INC., a California Corporation;, et al| Trellis.Law

On June 21, 2021 a Joint Proposed Jury Instructions Final was filed involving a dispute between Amici'S East Coast Pizzeria, Inc, Castanon , Hector Everardo Bautista, Chiquete, Luis Alberto, and Amici'S East Coast Pizzeria, Inc., A California Corporation;, Does 1 - 30, Inclusive, for (36) Unlimited Wrongful Termination in the District Court of San Mateo County.

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1 In accordance with Code of Civil Procedure § 607a, Rule 2.1055 of the California Rules of
2 Court, and 2.71(B) of the San Mateo Local Rules, Plaintiff and Cross-Defendant HECTOR
3 EVERARDO BAUTISTA CASTANON and Defendant and Cross-Complainant AMICI’S EAST
4 COAST PIZZERIA, INC. respectfully propose that the Court give the following instructions,
5 copies of which are attached, to the jury.
6 These instructions only include those applicable to the claims and defenses asserted by
7 Plaintiff and Plaintiff and Cross-Defendant HECTOR EVERARDO BAUTISTA CASTANON and
8 Defendant and Cross-Complainant AMICI’S EAST COAST PIZZERIA, INC., in that Defendant
9 and Cross-Complainant LUIS ALBERTO CHIQUETE has neither proposed jury instructions, nor
10 responded to Amici’s counsel’s correspondence regarding the same, nor otherwise participated in
11 any way in communications regarding any matter covered by the Court’s January 31, 2024 Pretrial
12 Order.
13 Respectfully submitted,
14 Dated: May 15, 2024 FARBSTEIN & BLACKMAN
15

16 By: _________________________________
MICHAEL A. FARBSTEIN
17 Attorneys for Defendant and Cross-Complainant
AMICI’S EAST COAST PIZZERIA, INC.
18

19 Dated: May 15, 2024 LAW OFFICES OF PARVIZ DARABI
500 Airport Blvd., Suite 410
20 Burlingame, CA 94010
Telephone: (650) 343-5357
21 Facsimile: (650) 343-5391
22

23 By: _________________________________
Parviz Darabi (SBN 209021)
24 Email: parviz@darabilaw.com
Attorneys for Plaintiff and Cross-Defendant
25 HECTOR EVERARDO BAUTISTA CASTANON
26

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PLAINTIFF AND CROSS-DEFENDANT HECTOR EVERARDO BAUTISTA CASTANON AND
DEFENDANT AND CROSS-COMPLAINANT AMICI’S EAST COAST PIZZERIA, INC.’S
PROPOSED JURY INSTRUCTIONS (Case No.: 21-CIV-03408)
1 TABLE OF CONTENTS
2
INSTRUCTIONS............................................................................................................................. 10
3
A. Instructions at the Beginning of Trial. .............................................................. 11
4
Joint Instruction No. 1 Re: Preliminary Admonitions (CACI No. 100) ......... 12
5
Disputed Instruction No. 2 Re: Overview of the Trial (CACI No. 101)
6 (Proposed by Amici’s) ............................................................................. 14

7 Disputed Instruction No. 2 Re: Overview of the Trial (CACI No. 101)
(Proposed by Castanon) .......................................................................... 17
8
Joint Instruction No. 3 Re: Obligation to Prove—Taking Notes During the
9 Trial (CACI No. 102)............................................................................... 19

10 Joint Instruction No. 4 Re: Multiple Parties (CACI No. 103) ......................... 20

11 Joint Instruction No. 5 Re: Nonperson Party (CACI No. 104) ....................... 21

12 Joint Instruction No. 6 Re: Evidence (CACI No. 106) ..................................... 22

13 Joint Instruction No. 7 Re: Witnesses (CACI No. 107) .................................... 23

14 Joint Instruction No. 8 Re: Duty to Abide by Translation Provided in Court
(CACI No. 108) ........................................................................................ 24
15
Joint Instruction No. 9 Re: Removal of Claims (CACI No. 109) .................... 25
16
Joint Instruction No. 10 Re: Instruction to Alternate Jurors (CACI No. 111)26
17
Joint Instruction No. 11 Re: Questions from Jurors (CACI No. 112) ............ 27
18
Joint Instruction No. 12 Re: Bias (CACI No. 113) ........................................... 28
19
Joint Instruction No. 13 Re: Bench Conferences and Conferences in Chambers
20 (CACI No. 114) ........................................................................................ 29

21 Joint Instruction No. 14 Re: Why Electronic Communications and Research
Are Prohibited (CACI No. 116).............................................................. 30
22
Joint Instruction No. 15 Re: Wealth of Parties (CACI No. 117) ..................... 31
23
Joint Instruction No. 16 Re: Obligation to Prove—More Likely True Than Not
24 True (CACI No. 200) ............................................................................... 32

25 Disputed Instruction No. 17 Re: Highly Probable– Clear & Convincing Proof
(CACI No. 201) (Proposed by Castanon) .............................................. 33
26
Joint Instruction No. 18 Re: Direct and Indirect Evidence (CACI No. 202) . 34
27
Joint Instruction No. 19 Re: Party Having Power to Produce Better Evidence
28 (CACI No. 203) ........................................................................................ 35
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PLAINTIFF AND CROSS-DEFENDANT HECTOR EVERARDO BAUTISTA CASTANON AND
DEFENDANT AND CROSS-COMPLAINANT AMICI’S EAST COAST PIZZERIA, INC.’S
PROPOSED JURY INSTRUCTIONS (Case No.: 21-CIV-03408)
1 Disputed Instruction No. 20 Re: Willful Suppression of Evidence
(CACI No. 204) (Proposed by Castanon) .............................................. 36
2
Joint Instruction No. 21 Re: Failure to Explain or Deny Evidence
3 (CACI No. 205) ........................................................................................ 37
4 Joint Instruction No. 22 Re: Evidence Admitted for Limited Purpose
(CACI No. 206) ........................................................................................ 38
5
Joint Instruction No. 23 Re: Evidence Applicable to One Party (CACI No. 207)
6 ................................................................................................................... 39
7 Joint Instruction No. 24 Re: Deposition as Substantive Evidence
(CACI No. 208) ........................................................................................ 40
8
Joint Instruction No. 25 Re: Use of Interrogatories of a Party (CACI No. 209)41
9
Joint Instruction No. 26 Re: Statement of a Party Opponent (CACI No. 212)42
10
B. Instructions Applicable to Hector Everado Bautista
11 Castanon’s Claims Against Amici’s East Coast Pizzeria, Inc. ........................ 43
12 First Cause of Action – Failure to Pay Wages, Unpaid Overtime Wages &
Unpaid Tips: Violation of Labor Code §§ 510, 1194, 1198 and IWC
13 Wage Order “Hours and Days of Work” Section ................................ 44

14 Joint Instruction No. 27 Re: Nonpayment of Wages—Essential
Factual Elements (Lab. Code, §§ 201, 202, 218) (CACI 2701) ............ 45
15
Joint Instruction No. 28 Re: Nonpayment of Overtime
16 Compensation—Essential Factual Elements (Lab. Code, § 1194)
(CACI No. 2702) ...................................................................................... 46
17
Joint Instruction No. 29 Re: Nonpayment of Overtime
18 Compensation— Proof of Overtime Hours Worked
(CACI No. 2703) ...................................................................................... 47
19
Second Cause of Action – Failure to Pay Minimum Wages and Secret
20 Underpayment of Wages: Violation of Labor Code §§ 223, 1197, 1198
and IWC Wage Order “Hours and Days of Work” and “Minimum
21 Wage” Sections ........................................................................................ 48

22 Disputed Special Instruction No. 30 Re: Hours Worked –––– Off-
The-Clock Hours (Proposed by Castanon) ........................................... 49
23
Statement of Amici’s East Coast Pizzeria, Inc. re
24 Castanon’s Disputed Special Instruction No. 30 .......................... 50

25 Disputed Special Instruction No. 31 Re: Compensable Time
(Proposed by Castanon) .......................................................................... 51
26
Statement of Amici’s East Coast Pizzeria, Inc. re
27 Castanon’s Disputed Special Instruction No. 31 .......................... 52

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PLAINTIFF AND CROSS-DEFENDANT HECTOR EVERARDO BAUTISTA CASTANON AND
DEFENDANT AND CROSS-COMPLAINANT AMICI’S EAST COAST PIZZERIA, INC.’S
PROPOSED JURY INSTRUCTIONS (Case No.: 21-CIV-03408)
1 Third Cause of Action – Failure to Pay Minimum Wages: Violation of Labor
Code §1194.2 [Claim Withdrawn by Castanon]. .................................. 54
2
Fourth Cause of Action – Failure to Indemnify for Expenses and Losses in
3 Discharging Duties: Violation of Labor Code §§ 2802 ........................ 55
4 Joint Instruction No. 32 Re: Failure to Reimburse Employee for
Necessary Expenditures or Losses - Essential Factual Elements
5 (Lab. Code, § 2802(a)) (CACI No. 2750) ............................................... 56
6 Joint Special Instruction No. 33 - Necessary Expenditures ................ 57
7 Fifth Cause of Action – Failure to Provide Meal Periods: Violation of Labor
Code §§ 226.7, 512, and IWC Wage Order “Meal Periods” Section .. 58
8
Joint Instruction No. 34 Re: Meal Break Violations—
9 Introduction (Lab. Code, §§ 226.7, 512) (CACI No. 2765) .................. 59
10 Joint Instruction No. 35 Re: Meal Break Violations—Essential
Factual Elements (Lab. Code, §§ 226.7, 512) (CACI No. 2766A) ....... 60
11
Joint Instruction No. 36 Re: Meal Break Violations—Pay Owed
12 (Lab. Code, §§ 226.7, 512) (CACI No. 2767) ......................................... 61
13 Disputed Instruction No. 37 Re: Affirmative Defense—Meal
Breaks—Waiver by Mutual Consent (CACI No. 2770) (Proposed
14 by Castanon) ............................................................................................ 62
15 Sixth Cause of Action – Failure to Provide Rest Periods: Violation of Labor
Code § 226.7 and IWC Wage Order “Rest Periods” Section .............. 63
16
Joint Instruction No. 38 Re: Rest Break Violations—Introduction
17 (Lab. Code, §226.7)) (CACI No. 2760) .................................................. 64
18 Joint Instruction No. 39 Re: Rest Break Violations— Essential
Factual Elements (Lab. Code, § 226.7)) (CACI No. 2761) ................... 65
19
Joint Instruction No. 40 Re: Rest Break Violations— Pay Owed
20 (Lab. Code, § 226.7)) (CACI No. 2762) ................................................. 66
21 Seventh Cause of Action – Failure to Provide and Maintain Accurate Itemized
Wage Statements: Violation of Labor Code §§ 226, 1174, 1198 and IWC
22 Wage Order “Records” Section ............................................................. 67
23 Joint Special Instruction No. 41 Re: Wage Statement Claim
(Labor Code § 226(e)) ............................................................................. 68
24
Joint Special Instruction No. 42 Re: Wage Statement Penalty
25 (Labor Code § 226(e)) ............................................................................. 70
26 Eighth Cause of Action – Failure to Pay Wages Due Upon Termination:
Violation of Labor Code §§ 201, 202, 203 and IWC Wage Order ...... 71
27
Joint Instruction No. 43 Re: Nonpayment of Wages—Essential
28 Factual Elements (Lab. Code, §§ 201, 202, 218) (CACI No. 2700) ..... 72
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PLAINTIFF AND CROSS-DEFENDANT HECTOR EVERARDO BAUTISTA CASTANON AND
DEFENDANT AND CROSS-COMPLAINANT AMICI’S EAST COAST PIZZERIA, INC.’S
PROPOSED JURY INSTRUCTIONS (Case No.: 21-CIV-03408)
1 Joint Instruction No. 44 Re: Waiting-Time Penalty for
Nonpayment of Wages (Lab. Code, §§ 203, 218) (CACI No. 2704) .... 73
2
Ninth Cause of Action – Unfair Business Practice: Violation of Business &
3 Professions Code §§ 17200, et seq. [No instructions; claim to be tried to
the court.] ................................................................................................. 74
4
Tenth Cause of Action – Wrongful Termination: In Violation of Public Policy
5 [No Instructions; Claim Withdrawn by Castanon.] ............................. 75
6 Eleventh Cause of Action – Wrongful Termination [FEHA]: Violation of
Government Code §§ 12900 and 12940 et seq. ...................................... 76
7
Joint Instruction No. 45 Re: Disparate Treatment—Essential
8 Factual Elements (Gov. Code, § 12940(a)) (CACI No. 2500) .............. 77
9 Joint Instruction No. 46 Re: Disparate Treatment—Essential
Factual Elements (Gov. Code, § 12940(a)) (CACI No. 2505) .............. 78
10
Joint Instruction No. 47 Re: “Substantial Motivating Reason”
11 Explained (CACI No. 2507) .................................................................... 79
12 Joint Instruction No. 48 Re: “Adverse Employment Action”
Explained [FEHA] (CACI No. 2509) ..................................................... 80
13
Joint Instruction No. 49 Re: Limitation on Remedies—Same
14 Decision (CACI No. 2512) ....................................................................... 81
15 Joint Instruction No. 50 Re: Business Judgment (CACI No. 2513) .... 82
16 Twelfth Cause of Action – Discrimination [FEHA]: Violation of Government
Code §§ 12940(a) and California Code of Regulations Title 2, § 1106883
17
Joint Instruction No. 51 Re: Disability Discrimination—
18 Disparate Treatment [FEHA] (CACI No. 2540) ................................... 84
19 Thirteenth Cause of Action – Failure to Provide Reasonable Accommodation
[FEHA] (Violation of Cal. Gov. Code§§12940 (m), 12926(p); and Cal.
20 Code Rags., Title 2 §11068) .................................................................... 86
21 Joint Instruction No. 52 Re: Reasonable Accommodation –
Essential Factual Elements (Gov. Code § 12940(m))
22 (CACI No. 2541) ...................................................................................... 87
23 Joint Instruction No. 53 Re: Disability Discrimination –
“Reasonable Accommodation” Explained (Gov. Code § 12926(p))
24 (CACI No. 2542) ...................................................................................... 88
25 Joint Instruction No. 54 Re: Disability Discrimination—
“Essential Job Duties” Explained (Gov. Code, §§ 12926(f),
26 12940(a)(1)) (CACI No. 2543)................................................................. 89
27 Fourteenth Cause of Action – Failure to Engage in the Interactive Process
(Violation of Cal. Gov. Code§§12940 (n)) ............................................. 90
28
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PLAINTIFF AND CROSS-DEFENDANT HECTOR EVERARDO BAUTISTA CASTANON AND
DEFENDANT AND CROSS-COMPLAINANT AMICI’S EAST COAST PIZZERIA, INC.’S
PROPOSED JURY INSTRUCTIONS (Case No.: 21-CIV-03408)
1 Joint Instruction No. 55 Re: Disability Discrimination – Failure
to Engage in Interactive Process (Gov. Code § 12940(n))
2 (CACI No. 2546) ...................................................................................... 91
3 C. Instructions on Hector Everado Bautista Castanon’s Damages
Claims. .................................................................................................................. 92
4
Joint Instruction No. 56 Re: Introduction to Tort Damages—
5 Liability Contested (CACI No. 3900) .................................................... 93

6 Joint Instruction No. 57 Re: Economic and Non-Economic
Damages (CACI No. 3902) ...................................................................... 94
7
Joint Instruction No. 58 Re: Items of Economic Damages
8 (CACI No. 3903) ...................................................................................... 95

9 Joint Instruction No. 59 Re: Past and Future Lost Earnings
(Economic Damage) (CACI No. 3903A) ................................................ 96
10
Disputed Instruction No. 60 Re: Damages From Employer for
11 Wrongful Discharge (Economic Damage) (CACI No. 3903P)
(Proposed by Castanon) .......................................................................... 97
12
Joint Instruction No. 61 Re: Present Cash Value
13 (CACI No. 3904A) ................................................................................... 98

14 Joint Instruction No. 62 Re: Use of Present-Value Tables
(CACI No. 3904B).................................................................................... 99
15
Joint Instruction No. 63 Re: Items of Non-Economic Damage
16 (CACI No. 3905) .................................................................................... 100

17 Joint Instruction No. 64 Re: Physical Pain, Mental Suffering, and
Emotional Distress (Non-Economic Damage) (CACI No. 3905A) .... 101
18
Joint Instruction No. 65 Re: No Punitive Damages
19 (CACI No. 3904) .................................................................................... 102

20 Joint Instruction No. 66 Re: Arguments of Counsel Not Evidence
of Damages (CACI No. 3925) ............................................................... 103
21
Joint Instruction No. 67 Re: Mitigation of Damages (Personal
22 Injury) (CACI No. 3930) ....................................................................... 104

23 Joint Instruction No. 68 Re: Damages on Multiple Legal Theories
(CACI No. 3934) .................................................................................... 105
24
Joint Instruction No. 69 Re: Comparative Fault of Plaintiff—
25 General Verdict (CACI No. 3960)........................................................ 106

26 Joint Instruction No. 70 Re: Duty to Mitigate Damages for Past
Lost Earnings (CACI No. 3961) ........................................................... 107
27
Joint Instruction No. 71 Re: Duty to Mitigate Damages for
28 Future Lost Earnings (CACI No. 3962) .............................................. 108
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PLAINTIFF AND CROSS-DEFENDANT HECTOR EVERARDO BAUTISTA CASTANON AND
DEFENDANT AND CROSS-COMPLAINANT AMICI’S EAST COAST PIZZERIA, INC.’S
PROPOSED JURY INSTRUCTIONS (Case No.: 21-CIV-03408)
1 Joint Instruction No. 72 Re: Affırmative Defense - Employee’s
Duty to Mitigate Damages (CACI No. 3963) ...................................... 109
2
Joint Instruction No. 73 Re: Jurors Not to Consider Attorney
3 Fees and Court Costs (CACI No. 3964) ............................................... 110
4 D. Instructions Applicable to Amici’s East Coast Pizzeria, Inc.’s
Claims Against Hector Everado Bautista Castanon. ..................................... 111
5
First Cause of Action – Fraud .......................................................................... 112
6
Joint Instruction No. 74 Re: Intentional Misrepresentation
7 (CACI No. 1900) .................................................................................... 113

8 Joint Instruction No. 75 Re: Reliance (CACI No. 1907) .................... 114

9 Joint Instruction No. 76 Re: Reasonable Reliance
(CACI No. 1908) .................................................................................... 115
10
Second Cause of Action – Violation of Penal Code § 496(c) .......................... 116
11
Joint Instruction No. 77 Re: Violation of Penal Code § 496(c)
12 (Adapted from CALCRIM 1750) ......................................................... 117

13 Joint Instruction No. 78 Re: Damages for Violation of Penal Code
§ 496(c) (Adapted from CALCRIM 1750) .......................................... 118
14
E. Concluding Instructions.................................................................................... 119
15 Joint Instruction No. 79 Re: Duties of the Judge and Jury (CACI No. 5000)120
16 Joint Instruction No. 80 Re: Evidence (CACI No. 5002) ............................... 122
17 Joint Instruction No. 81 Re: Witnesses (CACI No. 5003) .............................. 123
18 Joint Instruction No. 82 Re: Multiple Parties [Concluding Instructions]
(CACI No. 5005) .................................................................................... 124
19
Joint Instruction No. 83 Re: Non-Person Party (CACI No. 5006) ................ 125
20
Joint Instruction No. 84 Re: Removal of Claims and Remaining Claims
21 (CACI No. 5007) .................................................................................... 126
22 Joint Instruction No. 85 Re: Duty to Abide by Translation Provided in Court
[Concluding Instructions] (CACI No. 5008) ....................................... 127
23
Joint Instruction No. 86 Re: Predeliberation Instructions (CACI No. 5009)128
24
Joint Instruction No. 87 Re: Taking Notes During Trial (CACI No. 5010) . 130
25
Joint Instruction No. 88 Re: Reading Back of Trial Testimony in Jury Room
26 (CACI No. 5011) .................................................................................... 131
27 Joint Instruction No. 89 Re: Introduction to Special Verdict Form
(CACI No. 5012) .................................................................................... 132
28
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PLAINTIFF AND CROSS-DEFENDANT HECTOR EVERARDO BAUTISTA CASTANON AND
DEFENDANT AND CROSS-COMPLAINANT AMICI’S EAST COAST PIZZERIA, INC.’S
PROPOSED JURY INSTRUCTIONS (Case No.: 21-CIV-03408)
1 Joint Instruction No. 90 Re: Deadlocked Juror Admonition (CACI No. 5013)
................................................................................................................. 133
2
Joint Instruction No. 91 Re: Substitution of Alternate Juror (CACI No. 5014)
3 ................................................................................................................. 134
4 Joint Instruction No. 92 Re: Instruction to Alternate Jurors (CACI No. 5015)
................................................................................................................. 135
5
Joint Instruction No. 93 Re: Judge’s Commenting on Evidence
6 (CACI No. 5016) .................................................................................... 136
7 Joint Instruction No. 94 Re: Polling the Jury (CACI No. 5017) ................... 137
8 Joint Instruction No. 95 Re: Questions from Jurors (CACI No. 5019) ........ 138
9
10

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PLAINTIFF AND CROSS-DEFENDANT HECTOR EVERARDO BAUTISTA CASTANON AND
DEFENDANT AND CROSS-COMPLAINANT AMICI’S EAST COAST PIZZERIA, INC.’S
PROPOSED JURY INSTRUCTIONS (Case No.: 21-CIV-03408)
1 INSTRUCTIONS
2

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10

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20

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PLAINTIFF AND CROSS-DEFENDANT HECTOR EVERARDO BAUTISTA CASTANON AND
DEFENDANT AND CROSS-COMPLAINANT AMICI’S EAST COAST PIZZERIA, INC.’S
PROPOSED JURY INSTRUCTIONS (Case No.: 21-CIV-03408)
1 A. Instructions at the Beginning of Trial.
2

9
10

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PLAINTIFF AND CROSS-DEFENDANT HECTOR EVERARDO BAUTISTA CASTANON AND
DEFENDANT AND CROSS-COMPLAINANT AMICI’S EAST COAST PIZZERIA, INC.’S
PROPOSED JURY INSTRUCTIONS (Case No.: 21-CIV-03408)
1 Joint Instruction No. 1 Re: Preliminary Admonitions (CACI No. 100)
2 You have now been sworn as jurors in this case. I want to impress on you the seriousness
3 and importance of serving on a jury. Trial by jury is a fundamental right in California. The parties
4 have a right to a jury that is selected fairly, that comes to the case without bias, and that will
5 attempt to reach a verdict based on the evidence presented. Before we begin, I need to explain how
6 you must conduct yourselves during the trial.
7 Do not allow anything that happens outside this courtroom to affect your decision. During
8 the trial do not talk about this case or the people involved in it with anyone, including family and
9 persons living in your household, friends and co-workers, spiritual leaders, advisors, or therapists.
10 You may say you are on a jury and how long the trial may take, but that is all. You must not even
11 talk about the case with the other jurors until after I tell you that it is time for you to decide the
12 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
15 smart phone, PDA, computer, the Internet, any Internet service, any text or instant- messaging
16 service, any Internet chat room, blog, or website, including social networking websites or online
17 diaries, to send or receive any information to or from anyone about this case or your experience as a
18 juror until after you have been discharged from your jury duty. During the trial you must not listen
19 to anyone else talk about the case or the people involved in the case. You must avoid any contact
20 with the parties, the lawyers, the witnesses, and anyone else who may have a connection to the
21 case. If anyone tries to talk to you about this case, tell that person that you cannot discuss it because
22 you are a juror. If that person keeps talking to you, simply walk away and report the incident to the
23 court bailiff 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. During the trial, do not read, listen to, or watch any news
26 reports about this case. [I have no information that there will be news reports concerning this case.]
27 This prohibition extends to the use of the Internet in any way, including reading any blog about the
28 case or about anyone involved with it. If you receive any information about this case from any
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PLAINTIFF AND CROSS-DEFENDANT HECTOR EVERARDO BAUTISTA CASTANON AND
DEFENDANT AND CROSS-COMPLAINANT AMICI’S EAST COAST PIZZERIA, INC.’S
PROPOSED JURY INSTRUCTIONS (Case No.: 21-CIV-03408)
1 source outside of the courtroom, promptly report it to the court bailiff. It is important that all jurors
2 see and hear the same evidence at the same time.
3 Do not do any research on your own or as a group. Do not use dictionaries, the Internet, or
4 other reference materials. Do not investigate the case or conduct any experiments. Do not contact
5 anyone to assist you, such as a family accountant, doctor, or lawyer. Do not visit or view the scene
6 of any event involved in this case or use any Internet maps or mapping programs or any other
7 program or device to search for or to view any place discussed in the testimony. If you happen to
8 pass by the scene, do not stop or investigate. If you do need to view the scene during the trial, you
9 will be taken there as a group under proper supervision. [If you violate any of these prohibitions on
10 communications and research, including prohibitions on electronic communications and research,
11 you may be held in contempt of court or face other sanctions.
12 That means that you may have to serve time in jail, pay a fine, or face other punishment for
13 that violation.
14 It is important that you keep an open mind throughout this trial.
15 Evidence can only be presented a piece at a time. Do not form or express an opinion about
16 this case while the trial is going on. You must not decide on a verdict until after you have heard all
17 the evidence and have discussed it thoroughly with your fellow jurors in your deliberations. Do not
18 concern yourselves with the reasons for the rulings I will make during the course of the trial. Do not
19 guess what I may think your verdict should be from anything I might say or do.
20 When you begin your deliberations, you may discuss the case only in the jury room and
21 only when all the jurors are present. You must decide what the facts are in this case. Do not let bias,
22 sympathy, prejudice, or public opinion influence your verdict. At the end of the trial, I will explain
23 the law that you must follow to reach your verdict. You must follow the law as I explain it to you,
24 even if you do not agree with the law.
25

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PLAINTIFF AND CROSS-DEFENDANT HECTOR EVERARDO BAUTISTA CASTANON AND
DEFENDANT AND CROSS-COMPLAINANT AMICI’S EAST COAST PIZZERIA, INC.’S
PROPOSED JURY INSTRUCTIONS (Case No.: 21-CIV-03408)
1 Disputed Instruction No. 2 Re: Overview of the Trial (CACI No. 101) (Proposed by Amici’s)
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. HECTOR EVERARDO BAUTISTA CASTANON and LUIS
4 ALBERTO CHIQUETE filed this lawsuit. They are called plaintiffs. HECTOR EVERARDO
5 BAUTISTA CASTANON and LUIS ALBERTO CHIQUETE seeks damages from AMICI’S EAST
6 COAST PIZZERIA, INC., which who is called a defendant/respondent.
7 HECTOR EVERARDO BAUTISTA CASTANON and LUIS ALBERTO CHIQUETE
8 claim that AMICI’S EAST COAST PIZZERIA, INC. failed to pay them all wages they were due,
9 and further claim that AMICI’S EAST COAST PIZZERIA, INC. did not allow them all of the
10 breaks to which they were due. In addition, HECTOR EVERARDO BAUTISTA CASTANON
11 contends that AMICI’S EAST COAST PIZZERIA, INC. discriminated against him because he had
12 a disability, and LUIS ALBERTO CHIQUETE claims that AMICI’S EAST COAST PIZZERIA,
13 INC. discriminated against him because of his age.
14 AMICI’S EAST COAST PIZZERIA, INC. denies all of those claims. AMICI’S EAST
15 COAST PIZZERIA, INC. also contends that the both plaintiffs failed to minimize their claimed
16 damages, in that among other things they did not attempt to find comparable work. AMICI’S EAST
17 COAST PIZZERIA, INC. specifically denies that it discharged HECTOR EVERARDO
18 BAUTISTA CASTANON, and contends that Mr. Castanon resigned when he was about to be fired
19 for falsifying his time records. AMICI’s EAST COAST PIZZERIA, INC. claims that it discharged
20 LUIS ALBERTO CHIQUETE for violating company policy, specifically, falsifying his time
21 records.
22 AMICI’S EAST COAST PIZZERIA, INC. has also filed what is called a cross complaint
23 against HECTOR EVERARDO BAUTISTA CASTANON and LUIS ALBERTO CHIQUETE.
24 AMICI’S EAST COAST PIZZERIA, INC. is the defendant/respondent, but also is called the cross-
25 complainant. HECTOR EVERARDO BAUTISTA CASTANON and LUIS ALBERTO
26 CHIQUETE are is called a cross-defendants.
27 In its cross-complaint, MICI’S EAST COAST PIZZERIA, INC. claims that HECTOR
28 EVERARDO BAUTISTA CASTANON and LUIS ALBERTO CHIQUETE falsified their time
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PLAINTIFF AND CROSS-DEFENDANT HECTOR EVERARDO BAUTISTA CASTANON AND
DEFENDANT AND CROSS-COMPLAINANT AMICI’S EAST COAST PIZZERIA, INC.’S
PROPOSED JURY INSTRUCTIONS (Case No.: 21-CIV-03408)
1 records in order to collect wages for time they did not work. HECTOR EVERARDO BAUTISTA
2 CASTANON and LUIS ALBERTO CHIQUETE deny these claims.
3 First, each side may make an opening statement, but neither side is required to do so. An
4 opening statement is not evidence. It is simply an outline to help you understand what that party
5 expects the evidence will show. Also, because it is often difficult to give you the evidence in the
6 order we would prefer, the opening statement allows you to keep an overview of the case in mind
7 during the presentation of the evidence.
8 Next, the jury will hear the evidence.
9 LUIS ALBERTO CHIQUETE will present evidence first. When LUIS ALBERTO
10 CHIQUETE is finished, AMICI’S EAST COAST PIZZERIA, INC. will have an opportunity to
11 present evidence concerning those claims and its claims against Mr. Chiquete. ThenFinally, LUIS
12 ALBERTO CHIQUETE will present evidence concerning AMICI’S EAST COAST PIZZERIA,
13 INC.’s claims against him.
14 HECTOR EVERARDO BAUTISTA CASTANON will present evidence next. When
15 HECTOR EVERARDO BAUTISTA CASTANON is finished, AMICI’S EAST COAST
16 PIZZERIA, INC. will have an opportunity to present evidence concerning those claims and its
17 claims against Mr. Castanon. Finally, HECTOR EVERARDO BAUTISTA CASTANON will
18 present evidence concerning AMICI’S EAST COAST PIZZERIA, INC.’s claims against him.
19 [END OF CHANGES/INSERTIONS TO FORM.]
20 Each witness will first be questioned by the side that asked the witness to testify. This is called
21 direct examination. Then the other side is permitted to question the witness. This is called cross-
22 examination.
23 Documents or objects referred to during the trial are called exhibits. Exhibits are given a
24 number so that they may be clearly identified. Exhibits are not evidence until I admit them into
25 evidence. During your deliberations, you will be able to look at all exhibits admitted into evidence.
26 There are many rules that govern whether something will be admitted into evidence. As one
27 side presents evidence, the other side has the right to object and to ask me to decide if the evidence
28 is permitted by the rules. Usually, I will decide immediately, but sometimes I may have to hear
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PLAINTIFF AND CROSS-DEFENDANT HECTOR EVERARDO BAUTISTA CASTANON AND
DEFENDANT AND CROSS-COMPLAINANT AMICI’S EAST COAST PIZZERIA, INC.’S
PROPOSED JURY INSTRUCTIONS (Case No.: 21-CIV-03408)
1 arguments outside of your presence.
2 After the evidence has been presented, I will instruct you on the law that applies to the case
3 and the attorneys will make closing arguments. What the parties say in closing argument is not
4 evidence. The arguments are offered to help you understand the evidence and how the law applies
5 to it.
6

9
10

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20

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PLAINTIFF AND CROSS-DEFENDANT HECTOR EVERARDO BAUTISTA CASTANON AND
DEFENDANT AND CROSS-COMPLAINANT AMICI’S EAST COAST PIZZERIA, INC.’S
PROPOSED JURY INSTRUCTIONS (Case No.: 21-CIV-03408)
1 Disputed Instruction No. 2 Re: Overview of the Trial (CACI No. 101) (Proposed by Castanon)
2 To assist you in your tasks as jurors, I will now explain how the trial will proceed. I will
3 begin by identifying the parties to the case. Hector Everardo Bautista Castanon filed this lawsuit.
4 He is called a plaintiff. He seeks damages and penalties from Amici’s East Coast Pizzeria, Inc.,
5 who is called a defendant.
6 Hector Castanon is represented by Parviz Darabi of the Law Offices of Parviz Darabi.
7 Amici’s East Coast Pizzeria, Inc. is represented by Michael A. Farbstein of Farbstein & Blackman.
8 Mr. Castanon claims Amici’s did not pay him properly for all the hours he worked,
9 including overtime hours at overtime rate of pay and did not provide accurate wage statements. He
10 also claims Amici’s did not compensate him for the business-related expenses and losses he
11 incurred in the discharge of his duties and did not provide him with all meal and rest breaks. He
12 further claims that Amici’s retaliated against him for protesting employment practices which Mr.
13 Castanon believed were unlawful and for reporting his work-place injury and an unsafe working
14 condition and ultimately wrongfully terminated his employment after he asked for an
15 accommodation of his work-place injury related disability. Amici’s denies those claims.
16 Amici’s East Coast Pizzeria, Inc. has also filed what is called a cross-complaint against
17 Hector Everardo Bautista Castanon. Amici’s East Coast Pizzeria, Inc. is the defendant, but also is
18 called the cross-complainant. Hector Everardo Bautista Castanon is called a cross-defendant.
19 In its cross-complaint, Amici’s East Coast Pizzeria, Inc. claims that the reason it terminated
20 Mr. Castanon’s employment was because Mr. Castanon falsified his time records. Mr. Castanon
21 denies Amici’s claim.
22 First, each side may make an opening statement, but neither side is required to do so. An
23 opening statement is not evidence. It is simply an outline to help you understand what that party
24 expects the evidence will show. Also, because it is often difficult to give you the evidence in the
25 order we would prefer, the opening statement allows you to keep an overview of the case in mind
26 during the presentation of the evidence.
27 Next, the jury will hear the evidence. Mr. Castanon will present evidence first. When Mr.
28 Castanon is finished, Amici’s will have an opportunity to present evidence. Then Amici’s will
-17-
PLAINTIFF AND CROSS-DEFENDANT HECTOR EVERARDO BAUTISTA CASTANON AND
DEFENDANT AND CROSS-COMPLAINANT AMICI’S EAST COAST PIZZERIA, INC.’S
PROPOSED JURY INSTRUCTIONS (Case No.: 21-CIV-03408)
1 present evidence. Finally, Mr. Castanon will present evidence.
2 Each witness will first be questioned by the side that asked the witness to testify. This is
3 called direct examination. Then the other side is permitted to question the witness. This is called
4 cross-examination.
5 Documents or objects referred to during the trial are called exhibits. Exhibits are given a
6 number so that they may be clearly identified. Exhibits are not evidence until I admit them into
7 evidence. During your deliberations, you will be able to look at all exhibits admitted into evidence.
8 There are many rules that govern whether something will be admitted into evidence. As one
9 side presents evidence, the other side has the right to object and to ask me to decide if the evidence
10 is permitted by the rules. Usually, I will decide immediately, but sometimes I may have to hear
11 arguments outside of your presence.
12 After the evidence has been presented, I will instruct you on the law that applies to the case
13 and the attorneys will make closing arguments. What the parties say in closing argument is not
14 evidence. The arguments are offered to help you understand the evidence and how the law applies
15 to it.
16 AMICI’S POSITION
17 This statement of the case misstates Amici’s cross complaint, which complains not about his
18 termination, but about his fraud and misappropriation of money due to falsification of his time
19 records.
20

28
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PLAINTIFF AND CROSS-DEFENDANT HECTOR EVERARDO BAUTISTA CASTANON AND
DEFENDANT AND CROSS-COMPLAINANT AMICI’S EAST COAST PIZZERIA, INC.’S
PROPOSED JURY INSTRUCTIONS (Case No.: 21-CIV-03408)
1 Joint Instruction No. 3 Re: Obligation to Prove—Taking Notes During the Trial
2 (CACI No. 102)
3 You have been given notebooks and may take notes during the trial. Do not take the
4 notebooks out of the courtroom or jury room at any time during the trial. You may take your notes
5 into the jury room during deliberations.
6 You should use your notes only to remind yourself of what happened during the trial. Do
7 not let your note-taking interfere with your ability to listen carefully to all the testimony and to
8 watch the witnesses as they testify. Nor should you allow your impression of a witness or other
9 evidence to be influenced by whether or not other jurors are taking notes. Your independent
10 recollection of the evidence should govern your verdict, and you should not allow yourself to be
11 influenced by the notes of 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
13 have a question about what the witness said, you should ask that the court reporter’s records be read
14 to you. You must accept the court reporter’s record as accurate.]
15 At the end of the trial, your notes will be [collected and destroyed/collected and retained by
16 the court but not as a part of the case record/ [specify other disposition]].
17

19
20

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PLAINTIFF AND CROSS-DEFENDANT HECTOR EVERARDO BAUTISTA CASTANON AND
DEFENDANT AND CROSS-COMPLAINANT AMICI’S EAST COAST PIZZERIA, INC.’S
PROPOSED JURY INSTRUCTIONS (Case No.: 21-CIV-03408)
1 Joint Instruction No. 4 Re: Multiple Parties (CACI No. 103)
2 There are two plaintiffs in this trial, Hector Everardo Bautista Castanon and Luis Alberto
3 Chiquete. You should decide the case of each plaintiff separately as if it were a separate lawsuit.
4 Each plaintiff is entitled to separate consideration of that plaintiff’s own claim(s). In addition, the
5 defendant, Amici’s East Coast Pizzeria, Inc., is entitled to separate consideration of its defenses as
6 to each claim asserted by each plaintiff.
7 In addition, Amici’s East Coast Pizzeria, Inc. has asserted claims against both Plaintiffs,
8 who are cross-defendants as to those claims. You should decide the case against each cross-
9 defendant separately as if it were a separate lawsuit. Each cross-defendant is entitled to separate
10 consideration of that cross-defendant’s own defenses.
11 Different aspects of this case involve different parties (plaintiffs and/or cross-defendants).
12 Each instruction will identify the parties to whom it applies. Pay particular attention to the parties
13 named in each instruction.
14

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20

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PLAINTIFF AND CROSS-DEFENDANT HECTOR EVERARDO BAUTISTA CASTANON AND
DEFENDANT AND CROSS-COMPLAINANT AMICI’S EAST COAST PIZZERIA, INC.’S
PROPOSED JURY INSTRUCTIONS (Case No.: 21-CIV-03408)
1 Joint Instruction No. 5 Re: Nonperson Party (CACI No. 104)
2 A corporation, Amici’s East Coast Pizzeria, Inc., is a party in this lawsuit. Amici’s East
3 Coast Pizzeria, Inc. is entitled to the same fair and impartial treatment that you would give to an
4 individual. You must decide this case with the same fairness that you would use if you were
5 deciding the case between individuals.
6 When I use words like “person” or “he” or “she” in these instructions to refer to a party,
7 those instructions also apply to Amici’s East Coast Pizzeria, Inc.
8

9
10

19
20

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PLAINTIFF AND CROSS-DEFENDANT HECTOR EVERARDO BAUTISTA CASTANON AND
DEFENDANT AND CROSS-COMPLAINANT AMICI’S EAST COAST PIZZERIA, INC.’S
PROPOSED JURY INSTRUCTIONS (Case No.: 21-CIV-03408)
1 Joint Instruction No. 6 Re: Evidence (CACI No. 106)
2 You must decide what the facts are in this case only from the evidence you see or hear
3 during the trial. Sworn testimony, documents, or anything else may be admitted into evidence. You
4 may not consider as evidence anything that you see or hear when court is not in session, even
5 something done or said by one of the parties, attorneys, or witnesses.
6 What the attorneys say during the trial is not evidence. In their opening statements and
7 closing arguments, the attorneys will talk to you about the law and the evidence. What the lawyers
8 say may help you understand the law and the evidence, but their statements and arguments are not
9 evidence.
10 The attorneys’ questions are not evidence. Only the witnesses’ answers are evidence. Yo

Case Info

Judge

Healy, Nicole S. Track Judge’s New Case

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Document Filed Date

May 17, 2024

Case Filing Date

June 21, 2021

County

Parties

AMICI'S EAST COAST PIZZERIA, INC Cross Complainant
AMICI'S EAST COAST PIZZERIA, INC., a California Corporation; Defendant
CASTANON , HECTOR EVERARDO BAUTISTA Cross Defendant
CASTANON , HECTOR EVERARDO BAUTISTA Plaintiff
CHIQUETE, LUIS ALBERTO Cross Defendant
CHIQUETE, LUIS ALBERTO Plaintiff
DARABI, PARVIZ Attorney
DARABI, PARVIZ Attorney for the Plaintiff
DOES 1 - 30, INCLUSIVE Defendant
FARBSTEIN, MICHAEL A. Attorney
FARBSTEIN, MICHAEL A. Attorney for the Defendant
Barbara Lyons Attorneys for Defendants
H. Liroff Attorney
Harriet Levin-Liroff Attorneys for Defendants
Michael Foster Attorney

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