Preview
FILED
COVER SHEET Serer Soa Pasar
JUL 02 2019
By:
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF PLACER
Department 3 Case No. SCV0038637
(Space below forfilestamp only)
Anna King,
Plaintiff,
vs.
Hyundai Motor America,
Defendant.
Michael W. Jones
Judge Presiding
Joint
Instructions submitted intiffOn 07/02/19 at 8:40 a.m.
Instructions refused or withdrawn or held
ONOOUOOO
Verdicts used
Verdicts not used
Questions asked during trial
Questions asked during deliberation
Juror deliberation brochure entitled, “Behind Closed Doors ...A Guide for
Jury Deliberations”
Consisting of __ pages herein.
Clerk: | K. Harding
CACTI 100. PRELIMINARY ADMONITIONS
RequestedbyPlaintiff CO | Requestedby Defendant
Hyundai Motor | x Requestedby | oO
America |
Givenas Requested O | Givenas Modified | QO | Givenon Court’ s Motion O |
Refused
Withdrawn / Oo 7 oe Judge _
You have now been sworn as jurors in this case. I want to impress on you the
seriousness and importance of serving on a jury. Trial by jury is a fundamental right in
California. The parties have a right to a jury that is selected fairly, that comes to the case
without bias, and that will attempt to reach a verdict based on the evidence presented.
Before we begin, Ineed to explain how you must conduct yourselves during the trial.
Do not allow anything that happens outside this courtroom to affect your decision.
During the trial do not talk about this case or the people involved in itwith anyone,
including family and persons living in your household, friends and co-workers, spiritual
leaders, advisors, or therapists. You may say you are on a jury and how long the trial may
take, but that is all.You must not even talk about the case with the other jurors until after I
tell you that it is time for you to decide the case.
This prohibition is not limited to face-to-face conversations. It also extends to all forms
of electronic communications. Do not use any electronic device or media, such as a cell
phone or smart phone, PDA, computer, the Internet, any Internet service, any text or instant-
messaging service, any Internet chat room, blog, or website, including social networking
websites or online diaries, to send or receive any information to or from anyone about this
case or your experience as a juror until after you have been discharged from your jury duty.
During the trialyou must not listen to anyone else talk about the case or the people
involved in the case. You must avoid any contact with the parties, the lawyers, the
witnesses, and anyone else who may have a connection to the case. Ifanyone tries to talk to
you about this case, tellthat person that you cannot discuss it because you are a juror. Ifhe
or she keeps talking to you, simply walk away and report the incident to the court attendant
as soon as you can.
After the trial is over and I have released you from jury duty, you may discuss the case
with anyone, but you are not required to do so.
If you receive any information about this case from any source outside of the
courtroom, promptly report itto the court attendant. Itis important that all jurors see and
hear the same evidence at the same time.
Do not do any research on your own or as a group. Do not use dictionaries, the
Internet, or other reference materials. Do not investigate the case or conduct any
experiments. Do not contact anyone to assist you, such as a family accountant, doctor, or
lawyer. Do not visit or view the scene of any event involved in this case or use any Internet
maps or mapping programs or any other program or device to search for or to view any
place discussed in the testimony. If you happen to pass by the scene, do not stop or
investigate. Ifyou do need to view the scene during the trial, you will be taken there as a
group under proper supervision.
CACT 100. PRELIMINARY ADMONITIONS
RequestedbyPlaintiff O RequestedbyDefendantHyundaiMotor x Requestedby oO
America
GivenasRequested 1 [| Givenas Modified ; O | Given onCourt’s
Motion Oo
Refused O
|Withdrawn oO | Judge |
If you violate any of these prohibitions on communications and research, including
prohibitions on electronic communications and research, you may be held in contempt of
court or face other sanctions. That means that you may have to serve time in jail, pay a fine,
or face other punishment for that violation.
Itis important that you keep an open mind throughout this trial.Evidence can only be
presented a piece at a time. Do not form or express an opinion about this case while the trial
is going on. You must not decide on a verdict until after you have heard allthe evidence and
have discussed itthoroughly with your fellow jurors in your deliberations.
Do not concern yourselves with the reasons for the rulings I will make during the
course of the trial.Do not guess what Imay think your verdict should be from anything I
might say or do.
When you begin your deliberations, you may discuss the case only in the jury room
and only when allthe jurors are present.
You must decide what the facts are in this case. Do not let bias, sympathy, prejudice >
or public opinion influence your verdict.
At the end of the trial, I will explain the law that you must follow to reach your
verdict. You must follow the law as I explain itto you, even if you do not agree with the
law.
CACTI 101. OVERVIEW OF TRIAL
RequestedbyPlaintiff 1 |}Requestedby Defendant
Hyundai Motor & | Requestedby oO
America
GivenasRequested LC | Given asModified “1 | Givenon Court’s
Motion O
Refused Oo
Withdrawn Oo Judge
To assist you in your tasks as jurors, I will now explain how the trial will proceed. I
will begin by identifying the parties to the case. Anna King filed this lawsuit. She is called
a plaintiff. She seeks damages from Hyundai Motor America who is called a defendant.
Anna King claims violations of the Song-Beverly Act. Hyundai Motor America denies
those claims.
First, each side may make an opening statement, but neither side is required to do so.
An opening statement is not evidence. It is simply an outline to help you understand what
that party expects the evidence will show. Also, because it isoften difficult to give you the
evidence in the order we would prefer, the opening statement allows you to keep an
overview of the case in mind during the presentation of the evidence.
Next, the jury will hear the evidence. Anna King will present evidence first. When
Anna King is finished, Hyundai Motor America will have an opportunity to present
evidence.
Each witness will firstbe questioned by the side that asked the witness to testify. This
is called direct examination. Then the other side is permitted to question the witness. This
is called cross-examination.
Documents or objects referred to during the trial are called exhibits. Exhibits are
given a number so that they may be clearly identified. Exhibits are not evidence until I
admit them into evidence. During your deliberations, you will be able to look at all exhibits
admitted into evidence.
There are many rules that govern whether something will be admitted into evidence.
As one side presents evidence, the other side has the right to object and to ask me to decide
if the evidence is permitted by the rules. Usually, Iwill decide immediately, but sometimes
I may have to hear arguments outside of your presence.
After the evidence has been presented, I will instruct you on the law that applies to
the case and the attorneys will make closing arguments. What the parties say in closing
argument is not evidence. The arguments are offered to help you understand the evidence
and how the law applies to it.
CACI 102. TAKING NOTES DURING THE TRIAL
RequestedbyPlaintiff LC] | RequestedbyDefendantHyundai Motor & | Requestedby Oo
America
Givenas Requested | Givenas Modified CL]| Given onCourt’sMotion O
Refused Ol
Withdrawn Oo Judge
You have been given notebooks and may take notes during the trial.Do not take the
notebooks out of the courtroom or jury room at any time during the trial. You may take your
notes into the jury room during deliberations.
You should use your notes only to remind yourself of what happened during the trial.
Do not let your note-taking interfere with your ability to listen carefully to all the testimony
and to watch the witnesses as they testify. Nor should you allow your impression of a witness
or other evidence to be influenced by whether or not other jurors are taking notes. Your
independent recollection of the evidence should govern your verdict, and you should not
allow yourself to be influenced by the notes of other jurors if those notes differ from what
you remember.
The court reporter ismaking a record of everything that is said. If during deliberations
you have a question about what the witness said, you should ask that the court reporter’s
records be read to you. You must accept the court reporter’s record as accurate.
At the end of the trial,your notes will be collected and destroyed.
CACI 104. NONPERSON PARTY
RequestedbyPlaintiff O Requestedby DefendantHyundaiMotor bX Requestedby
America
GivenasRequested O GivenasModified O Givenon Court’s
Motion
Refused Ol
Withdrawn oO Judge
A corporation, Hyundai Motor America, is a party in this lawsuit. Hyundai Motor
America is entitled to the same fair and impartial treatment that you would give to an
individual. You must decide this case with the same fairness that you would use if you
were deciding the case between individuals.
When I use words like “person” or “he” or “she” in these instructions to refer to a
party, those instructions also apply to Hyundai Motor America.
CACI 106. EVIDENCE
RequestedbyPlaintiff Li | Requestedby Defendant
Hyundai Motor x Requestedby O
America
Givenas Requested [] | Given asModified (| Givenon Court’s
Motion oO
| Refused O
Withdrawn oO |} ; Judge
You must decide what the facts are in this case only from the evidence you see or hear
during the trial. Sworn testimony, documents, or anything else may be admitted into
evidence. You may not consider as evidence anything that you see or hear when court is not
in session, even something done or said by one of the parties, attorneys, or witnesses.
What the attorneys say during the trial is not evidence. In their opening statements and
closing arguments, the attorneys will talk to you about the law and the evidence. What the
lawyers say may help you understand the law and the evidence, but their statements and
arguments are not evidence.
The attorneys’ questions are not evidence. Only the witnesses’ answers are evidence.
You should not think that something is true just because an attorney’s question suggests that
it istrue. However, the attorneys for both sides can agree that certain facts are true. This
agreement is called a “stipulation.” No other proof is needed and you must accept those
facts as true in this trial.
Each side has the right to object to evidence offered by the other side. If I do not agree
with the objection, I will say itis overruled. IfI overrule an objection, the witness will
answer and you may consider the evidence. IfI agree with the objection, | will say itis
sustained. If Isustain an objection, you must ignore the question. If the witness did not
answer, you must not guess what he or she might have said or why I sustained the objection.
If the witness has already answered, you must ignore the answer.
An attorney may make a motion to strike testimony that you have heard. If I grant the
motion, you must totally disregard that testimony. You must treat itas though it did not
exist.
CACI 107. WITNESSES
RequestedbyPlaintiff Oo RequestedbyDefendantHyundaiMotor X Requestedby Oo
America
Givenas Requested [| Givenas Modified Ol | Given onCourt’s
Motion O
Refused O
Withdrawn Oo Judge
A witness isa person who has knowledge related to this case. You will have to decide
whether you believe each witness and how important each witness’s testimony is to the case.
You may believe all, part, or none of a witness’s testimony.
In deciding whether to believe a witness’s testimony, you may consider, among other
factors, the following:
a) How well did the witness see, hear, or otherwise sense what he or she described in
court?
b) How well did the witness remember and describe what happened?
c) How did the witness look, act, and speak while testifying?
d) Did the witness have any reason to say something that was not true? For example, did
the witness show any bias or prejudice or have a personal relationship with any of the
parties involved in the case or have a personal stake in how this case is decided?
e) What was the witness’s attitude toward this case or about giving testimony?
Sometimes a witness may say something that is not consistent with something else he
or she said. Sometimes different witnesses will give different versions of what happened.
People often forget things or make mistakes in what they remember. Also, two people may
see the same event but remember it differently. You may consider these differences, but do
not decide that testimony is untrue just because itdiffers from other testimony.
However, if you decide that a witness has deliberately testified untruthfully about
something important, you may choose not to believe anything that witness said. On the other
hand, if you think the witness testified untruthfully about some things but told the truth about
others, you may accept the part you think is true and ignore the rest.
Do not make any decision simply because there were more witnesses on one side than
on the other. If you believe itis true, the testimony of a single witness isenough to prove a
fact.
CACT 111. INSTRUCTION TO ALTERNATE JURORS
RequestedbyPlaintiff CL) | RequestedbyDefendantHyundai Motor X | Requestedby Oo
America
GivenasRequested [ |Given asModified O |Given onCourt’sMotion oO
Refused oO
_
|Withdrawn o Judge
As alternate jurors, you are bound by the same rules that govern the conduct of
the jurors who are sitting on the panel. You will observe the same trial and should pay
attention to all of my instructions just as ifyou were sitting on the panel. Sometimes a
juror needs to be excused during a trialfor illness or some other reason. Ifthat
happens, an alternate will be selected to take that juror’s place.
CACTI 112. QUESTIONS FROM JURORS
RequestedbyPlaintiff O RequestedbyDefendantHyundaiMotor bs Requestedby O
America
GivenasRequested [| Givenas Modified | Givenon Court’s
Motion Oo
Refused O
Withdrawn Oo ; Judge
If,during the trial, you have a question that you believe should be asked of a witness,
you may write out the question and send it to me through my courtroom staff. | will
share your question with the attorneys and decide whether itmay be asked.
Do not feel disappointed ifyour question is not asked. Your question may not be
asked for a variety of reasons. For example, the question may call for an answer that
is not allowed for legal reasons. Also, you should not try to guess the reason why a
question is not asked or speculate about what the answer might have been. Because
the decision whether to allow the question is mine alone, do not hold itagainst any of
the attorneys or their clients ifyour question is not asked.
Remember that you are not an advocate for one side or the other. Each of you is an
impartial judge of the facts. Your questions should be posed in as neutral a fashion
as possible. Do not discuss any question asked by any juror with any other juror until
after deliberations begin.
CACTI 113. BIAS
RequestedbyPlaintiff [| RequestedbyDefendantsHyundaiMotor x Requestedby O
America
GivenasRequested | Givenas Modified Ol | Given onCourt’sMotion O
Refused O
Withdrawn oO Judge
Each one of us has biases about or certain perceptions or stereotypes of other
people. We may be aware of some of our biases, though we may not share them with
others. We may not be fully aware of some of our other biases.
Our biases often affect how we act, favorably or unfavorably, toward someone.
Bias can affect our thoughts, how we remember, what we see and hear, whom we
believe or disbelieve, and how we make important decisions.
As jurors you are being asked to make very important decisions in this case. You
must not let bias, prejudice, or public opinion influence your decision. You must not be
biased in favor of or against any party or witness because of his or her disability,
gender, race, religion, ethnicity, sexual orientation, age, national origin, or
socioeconomic status.
Your verdict must be based solely on the evidence presented. You must carefully
evaluate the evidence and resist any urge to reach a verdict that is influenced by bias
for or against any party or witness.
CACI 114. BENCH CONFERENCES AND CONFERENCE IN CHAMBERS
]
| Requested
by Plaintiff CL] | RequestedbyDefendantHyundaiMotor & | Requested
by | Oo
| |
America |
GivenasRequested Givenas Modified O Givenon Court’s
Motion | O
ja
Refused
jo
Withdrawn Judge
lo
From time to time during the trial,it may become necessary for me to talk with
the attorneys out of the hearing of the jury, either by having a conference at the bench
when the jury ispresent in the courtroom, or by calling a recess to discuss matters
outside of your presence. The purpose of these conferences is not to keep relevant
information from you, but to decide how certain evidence isto be treated under the rules
of evidence. Do not be concerned about our discussions or try to guess what is being
said.
| may not always grant an attorney's request for a conference. Do not consider
my granting or denying a request for a conference as any indication of my opinion of the
case or of my view of the evidence.
CACI 116. WHY ELECTRONIC COMMUNICATIONS AND RESEARCH ARE PROHIBITED
RequestedbyPlaintiff LJ | Requestedby Defendants
HyundaiMotor xX Requestedby oO
America
GivenasRequested Cl | Given asModified | Givenon Court’s
Motion Oo
Refused O
Withdrawn o Judge
| know that many of us are used to communicating and perhaps even learning by
electronic communications and research. However, there are good reasons why you
must not electronically communicate or do any research on anything having to do with
this trial or the parties.
In court, jurors must make important decisions that have consequences for the
parties. Those decisions must be based only on the evidence that you hear in this
courtroom.
The evidence that ispresented in court can be tested; itcan be shown to be right
or wrong by either side; itcan be questioned; and itcan be contradicted by other
evidence. What you might read or hear on your own could easily be wrong, out of date,
or inapplicable to this case.
The parties can receive a fair trial only ifthe facts and information on which you
base your decisions are presented to you as a group, with each juror having the same
opportunity to see, hear, and evaluate the evidence.
Also, a trialis a public process that depends on disclosure in the courtroom of
facts and evidence. Using information gathered in secret by one or more jurors
undermines the public process and violates the rights of the parties.
CACI 200. OBLIGATION TO PROVE — MORE LIKELY TRUE THAN NOT TRUE
RequestedbyPlaintiff uo Requestedby Defendant
Hyundai Motor Requestedby oO
} America
|
GivenasRequested Oo GivenasModified Givenon Court’s
Motion ;O
Refused O
Withdrawn O Judge
A party must persuade you, by the evidence presented in court, that what he or she is
required to prove is more likely to be true than not true. This is referred to as “the burden of
proof.”
After weighing all of the evidence, if you cannot decide that something is more likely
to be true than not true, you must conclude that the party did not prove it.You should
consider all the evidence, no matter which party produced the evidence.
In criminal trials,the prosecution must prove that the defendant is guilty beyond a
reasonable doubt. But in civil trials, such as this one, the party who is required to prove
something need prove only that it is more likely to be true than not true.
CACI 202. DIRECT AND INDIRECT EVIDENCE
RequestedbyPlaintiff [] | Requestedby Defendant
Hyundai Motor x Requestedby O
America
GivenasRequested [] | Givenas Modified Os} Givenon Court’s
Motion Oo
Refused oO
Withdrawn Oo Judge
Evidence can come in many forms. It can be testimony about what someone saw or
heard or smelled. Itcan be an exhibit admitted into evidence. It can be someone’s opinion.
Direct evidence can prove a fact by itself. For example, if a witness testifies she saw
a jet plane flying across the sky, that testimony is direct evidence that a plane flew across
the sky. Some evidence proves a fact indirectly. For example, a witness testifies that he saw
only the white trail that jet planes often leave. This indirect evidence is sometimes referred
to as “circumstantial evidence.” In either instance, the witness’s testimony is evidence that a
jet plane flew across the sky.
As far as the law is concerned, it makes no difference whether evidence is direct or
indirect. You may choose to believe or disbelieve either kind. Whether it is direct or indirect °
you should give every piece of evidence whatever weight you think it deserves.
CACi 203. PARTY HAVING POWER TO PRODUCE BETTER EVIDENCE
||
T
RequestedbyPlaintiff Oo Requestedby DefendantHyundaiMotor & Requestedby }O
| America
GivenasRequested oO GivenasModified QO Givenon Court’s
Motion Oo
Refused O
|Withdrawn qo Judge
You may consider the ability of each party to provide evidence. If a party provided
weaker evidence when it could have provided stronger evidence, you may distrust the weaker
evidence.
CACI 205. FAILURE TO EXPLAIN OR DENY EVIDENCE
RequestedbyPlaintiff O Requestedby Defendant
Hyundai Motor x Requestedby oO
America
GivenasRequested Oo GivenasModified O Givenon Court’s
Motion oO
Refused
Withdrawn Oo Judge
If a party failed to explain or deny evidence against them when they could reasonably
be expected to have done so based on what they knew, you may consider their failure to
explain or deny in evaluating that evidence.
Itis up to you to decide the meaning and importance of the failure to explain or deny
evidence against the party.
CACI 206. EVIDENCE ADMITTED FOR LIMITED PURPOSE
RequestedbyPlaintiff Go Requestedby DefendantHyundaiMotor xX Requestedby Oo
America
GivenasRequested {] | Givenas Modified {| Givenon Court’s
Motion Oo
Refused Oo
Withdrawn Oo Judge
During the trial, Iexplained to you that certain evidence was admitted for a limited
purpose. You may consider that evidence only for the limited purpose that I described, and not
for any other purpose.
CAC] 208. DEPOSITION AS SUBSTANTIVE EVIDENCE
RequestedbyPlaintiff oO RequestedbyDefendantHyundai Motor x Requestedby Oo
America
GivenasRequested O GivenasModified Oo Givenon Court’s
Motion Oo
Refused o
Withdrawn Oo Judge
During the trial,you received deposition testimony that was read from the deposition
transcript. A deposition is the testimony of a person taken before trial. At a deposition the
person is sworn to tell the truth and is questioned by the attorneys. You must consider the
deposition testimony that was presented to you in the same way as you consider testimony
given in court.
Judicial Council of California Jury Instructions
CACI 209. USE OF INTERROGATORIES OF A PARTY
RequestedbyPlaintiff Oo Requestedby DefendantHyundaiMotor Xl Requestedby Oo
America
GivenasRequested O GivenasModified oO Givenon Court’s
Motion O
Refused oO
Withdrawn Oo Judge
Before trial,each party has the right to ask the other parties to answer written
questions. These questions are called interrogatories. The answers are also in writing and are
given under oath. You must consider the questions and answers that were read to you the
same as if the questions and answers had been given in court.
Judicial Council of California Jury Instructions
CACI 210. REQUESTS FOR ADMISSIONS
RequestedbyPlaintiff O RequestedbyDefendantHyundai Motor Xx Requestedby O
America
|Givenas Requested A |Givenas Modified Oo Givenon Court’s
Motion O
| Refused O
Withdrawn O - _ Judge |
Before trial,each party has the right to ask another party to admit in writing that
certain matters are true. If the other party admits those matters, you must accept them as
true. No further evidence is required to prove them.
However, these matters must be considered true only as they apply to the party who
admitted they were true.
Judicial Council of California Jury Instructions
CACI 212. STATEMENTS OF A PARTY OPPONENT
RequestedbyPlaintiff oO Requestedby DefendantHyundaiMotor x Requestedby O
America
GivenasRequested oO GivenasModified Os] Givenon Court’s
Motion Oo
Refused O
Withdrawn O Judge
A party may offer into evidence any oral or written statement made by an opposing
party outside the courtroom.
When you evaluate evidence of such a statement, you must consider these questions:
1. Do you believe that the party actually made the statement? If you do not believe that
the party made the statement, you may not consider the statement at all.
2. If you believe that the statement was made, do you believe itwas reported
accurately?
You should view testimony about an oral statement made by a party outside the
courtroom with caution.
Judicial Council of California Jury Instructions
CACI 215. EXERCISE OF A COMMUNICATION PRIVILEGE
|
RequestedbyPlaintiff oO Requestedby DefendantHyundaiMotor |Xx Requestedby
America
GivenasRequested- Cs} GivenasModified = oO | GivenonCourt’sMotion
Refused
Withdrawn O Judge
Hyundai Motor America has an absolute right not to disclose what it told its
attorney in confidence because the law considers this information privileged. Do not
consider, for any reason at all, the fact that Hyundai Motor America did not disclose
what ittold its attorney. Do not discuss that fact during your deliberations or let it
influence your decision in any way.
CACI 219. EXPERT WITNESS TESTIMONY
RequestedbyPlaintiff CL] | RequestedbyDefend
Preview
FILED COVER SHEET Serer Soa Pasar JUL 02 2019 By: SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER Department 3 Case No. SCV0038637 (Space below forfilestamp only) Anna King, Plaintiff, vs. Hyundai Motor America, Defendant. Michael W. Jones Judge Presiding Joint Instructions submitted intiffOn 07/02/19 at 8:40 a.m. Instructions refused or withdrawn or held ONOOUOOO Verdicts used Verdicts not used Questions asked during trial Questions asked during deliberation Juror deliberation brochure entitled, “Behind Closed Doors ...A Guide for Jury Deliberations” Consisting of __ pages herein. Clerk: | K. Harding CACTI 100. PRELIMINARY ADMONITIONS RequestedbyPlaintiff CO | Requestedby Defendant Hyundai Motor | x Requestedby | oO America | Givenas Requested O | Givenas Modified | QO | Givenon Court’ s Motion O | Refused Withdrawn / Oo 7 oe Judge _ You have now been sworn as jurors in this case. I want to impress on you the seriousness and importance of serving on a jury. Trial by jury is a fundamental right in California. The parties have a right to a jury that is selected fairly, that comes to the case without bias, and that will attempt to reach a verdict based on the evidence presented. Before we begin, Ineed to explain how you must conduct yourselves during the trial. Do not allow anything that happens outside this courtroom to affect your decision. During the trial do not talk about this case or the people involved in itwith anyone, including family and persons living in your household, friends and co-workers, spiritual leaders, advisors, or therapists. You may say you are on a jury and how long the trial may take, but that is all.You must not even talk about the case with the other jurors until after I tell you that it is time for you to decide the case. This prohibition is not limited to face-to-face conversations. It also extends to all forms of electronic communications. Do not use any electronic device or media, such as a cell phone or smart phone, PDA, computer, the Internet, any Internet service, any text or instant- messaging service, any Internet chat room, blog, or website, including social networking websites or online diaries, to send or receive any information to or from anyone about this case or your experience as a juror until after you have been discharged from your jury duty. During the trialyou must not listen to anyone else talk about the case or the people involved in the case. You must avoid any contact with the parties, the lawyers, the witnesses, and anyone else who may have a connection to the case. Ifanyone tries to talk to you about this case, tellthat person that you cannot discuss it because you are a juror. Ifhe or she keeps talking to you, simply walk away and report the incident to the court attendant as soon as you can. After the trial is over and I have released you from jury duty, you may discuss the case with anyone, but you are not required to do so. If you receive any information about this case from any source outside of the courtroom, promptly report itto the court attendant. Itis important that all jurors see and hear the same evidence at the same time. Do not do any research on your own or as a group. Do not use dictionaries, the Internet, or other reference materials. Do not investigate the case or conduct any experiments. Do not contact anyone to assist you, such as a family accountant, doctor, or lawyer. Do not visit or view the scene of any event involved in this case or use any Internet maps or mapping programs or any other program or device to search for or to view any place discussed in the testimony. If you happen to pass by the scene, do not stop or investigate. Ifyou do need to view the scene during the trial, you will be taken there as a group under proper supervision. CACT 100. PRELIMINARY ADMONITIONS RequestedbyPlaintiff O RequestedbyDefendantHyundaiMotor x Requestedby oO America GivenasRequested 1 [| Givenas Modified ; O | Given onCourt’s Motion Oo Refused O |Withdrawn oO | Judge | If you violate any of these prohibitions on communications and research, including prohibitions on electronic communications and research, you may be held in contempt of court or face other sanctions. That means that you may have to serve time in jail, pay a fine, or face other punishment for that violation. Itis important that you keep an open mind throughout this trial.Evidence can only be presented a piece at a time. Do not form or express an opinion about this case while the trial is going on. You must not decide on a verdict until after you have heard allthe evidence and have discussed itthoroughly with your fellow jurors in your deliberations. Do not concern yourselves with the reasons for the rulings I will make during the course of the trial.Do not guess what Imay think your verdict should be from anything I might say or do. When you begin your deliberations, you may discuss the case only in the jury room and only when allthe jurors are present. You must decide what the facts are in this case. Do not let bias, sympathy, prejudice > or public opinion influence your verdict. At the end of the trial, I will explain the law that you must follow to reach your verdict. You must follow the law as I explain itto you, even if you do not agree with the law. CACTI 101. OVERVIEW OF TRIAL RequestedbyPlaintiff 1 |}Requestedby Defendant Hyundai Motor & | Requestedby oO America GivenasRequested LC | Given asModified “1 | Givenon Court’s Motion O Refused Oo Withdrawn Oo Judge To assist you in your tasks as jurors, I will now explain how the trial will proceed. I will begin by identifying the parties to the case. Anna King filed this lawsuit. She is called a plaintiff. She seeks damages from Hyundai Motor America who is called a defendant. Anna King claims violations of the Song-Beverly Act. Hyundai Motor America denies those claims. First, each side may make an opening statement, but neither side is required to do so. An opening statement is not evidence. It is simply an outline to help you understand what that party expects the evidence will show. Also, because it isoften difficult to give you the evidence in the order we would prefer, the opening statement allows you to keep an overview of the case in mind during the presentation of the evidence. Next, the jury will hear the evidence. Anna King will present evidence first. When Anna King is finished, Hyundai Motor America will have an opportunity to present evidence. Each witness will firstbe questioned by the side that asked the witness to testify. This is called direct examination. Then the other side is permitted to question the witness. This is called cross-examination. Documents or objects referred to during the trial are called exhibits. Exhibits are given a number so that they may be clearly identified. Exhibits are not evidence until I admit them into evidence. During your deliberations, you will be able to look at all exhibits admitted into evidence. There are many rules that govern whether something will be admitted into evidence. As one side presents evidence, the other side has the right to object and to ask me to decide if the evidence is permitted by the rules. Usually, Iwill decide immediately, but sometimes I may have to hear arguments outside of your presence. After the evidence has been presented, I will instruct you on the law that applies to the case and the attorneys will make closing arguments. What the parties say in closing argument is not evidence. The arguments are offered to help you understand the evidence and how the law applies to it. CACI 102. TAKING NOTES DURING THE TRIAL RequestedbyPlaintiff LC] | RequestedbyDefendantHyundai Motor & | Requestedby Oo America Givenas Requested | Givenas Modified CL]| Given onCourt’sMotion O Refused Ol Withdrawn Oo Judge You have been given notebooks and may take notes during the trial.Do not take the notebooks out of the courtroom or jury room at any time during the trial. You may take your notes into the jury room during deliberations. You should use your notes only to remind yourself of what happened during the trial. Do not let your note-taking interfere with your ability to listen carefully to all the testimony and to watch the witnesses as they testify. Nor should you allow your impression of a witness or other evidence to be influenced by whether or not other jurors are taking notes. Your independent recollection of the evidence should govern your verdict, and you should not allow yourself to be influenced by the notes of other jurors if those notes differ from what you remember. The court reporter ismaking a record of everything that is said. If during deliberations you have a question about what the witness said, you should ask that the court reporter’s records be read to you. You must accept the court reporter’s record as accurate. At the end of the trial,your notes will be collected and destroyed. CACI 104. NONPERSON PARTY RequestedbyPlaintiff O Requestedby DefendantHyundaiMotor bX Requestedby America GivenasRequested O GivenasModified O Givenon Court’s Motion Refused Ol Withdrawn oO Judge A corporation, Hyundai Motor America, is a party in this lawsuit. Hyundai Motor America is entitled to the same fair and impartial treatment that you would give to an individual. You must decide this case with the same fairness that you would use if you were deciding the case between individuals. When I use words like “person” or “he” or “she” in these instructions to refer to a party, those instructions also apply to Hyundai Motor America. CACI 106. EVIDENCE RequestedbyPlaintiff Li | Requestedby Defendant Hyundai Motor x Requestedby O America Givenas Requested [] | Given asModified (| Givenon Court’s Motion oO | Refused O Withdrawn oO |} ; Judge You must decide what the facts are in this case only from the evidence you see or hear during the trial. Sworn testimony, documents, or anything else may be admitted into evidence. You may not consider as evidence anything that you see or hear when court is not in session, even something done or said by one of the parties, attorneys, or witnesses. What the attorneys say during the trial is not evidence. In their opening statements and closing arguments, the attorneys will talk to you about the law and the evidence. What the lawyers say may help you understand the law and the evidence, but their statements and arguments are not evidence. The attorneys’ questions are not evidence. Only the witnesses’ answers are evidence. You should not think that something is true just because an attorney’s question suggests that it istrue. However, the attorneys for both sides can agree that certain facts are true. This agreement is called a “stipulation.” No other proof is needed and you must accept those facts as true in this trial. Each side has the right to object to evidence offered by the other side. If I do not agree with the objection, I will say itis overruled. IfI overrule an objection, the witness will answer and you may consider the evidence. IfI agree with the objection, | will say itis sustained. If Isustain an objection, you must ignore the question. If the witness did not answer, you must not guess what he or she might have said or why I sustained the objection. If the witness has already answered, you must ignore the answer. An attorney may make a motion to strike testimony that you have heard. If I grant the motion, you must totally disregard that testimony. You must treat itas though it did not exist. CACI 107. WITNESSES RequestedbyPlaintiff Oo RequestedbyDefendantHyundaiMotor X Requestedby Oo America Givenas Requested [| Givenas Modified Ol | Given onCourt’s Motion O Refused O Withdrawn Oo Judge A witness isa person who has knowledge related to this case. You will have to decide whether you believe each witness and how important each witness’s testimony is to the case. You may believe all, part, or none of a witness’s testimony. In deciding whether to believe a witness’s testimony, you may consider, among other factors, the following: a) How well did the witness see, hear, or otherwise sense what he or she described in court? b) How well did the witness remember and describe what happened? c) How did the witness look, act, and speak while testifying? d) Did the witness have any reason to say something that was not true? For example, did the witness show any bias or prejudice or have a personal relationship with any of the parties involved in the case or have a personal stake in how this case is decided? e) What was the witness’s attitude toward this case or about giving testimony? Sometimes a witness may say something that is not consistent with something else he or she said. Sometimes different witnesses will give different versions of what happened. People often forget things or make mistakes in what they remember. Also, two people may see the same event but remember it differently. You may consider these differences, but do not decide that testimony is untrue just because itdiffers from other testimony. However, if you decide that a witness has deliberately testified untruthfully about something important, you may choose not to believe anything that witness said. On the other hand, if you think the witness testified untruthfully about some things but told the truth about others, you may accept the part you think is true and ignore the rest. Do not make any decision simply because there were more witnesses on one side than on the other. If you believe itis true, the testimony of a single witness isenough to prove a fact. CACT 111. INSTRUCTION TO ALTERNATE JURORS RequestedbyPlaintiff CL) | RequestedbyDefendantHyundai Motor X | Requestedby Oo America GivenasRequested [ |Given asModified O |Given onCourt’sMotion oO Refused oO _ |Withdrawn o Judge As alternate jurors, you are bound by the same rules that govern the conduct of the jurors who are sitting on the panel. You will observe the same trial and should pay attention to all of my instructions just as ifyou were sitting on the panel. Sometimes a juror needs to be excused during a trialfor illness or some other reason. Ifthat happens, an alternate will be selected to take that juror’s place. CACTI 112. QUESTIONS FROM JURORS RequestedbyPlaintiff O RequestedbyDefendantHyundaiMotor bs Requestedby O America GivenasRequested [| Givenas Modified | Givenon Court’s Motion Oo Refused O Withdrawn Oo ; Judge If,during the trial, you have a question that you believe should be asked of a witness, you may write out the question and send it to me through my courtroom staff. | will share your question with the attorneys and decide whether itmay be asked. Do not feel disappointed ifyour question is not asked. Your question may not be asked for a variety of reasons. For example, the question may call for an answer that is not allowed for legal reasons. Also, you should not try to guess the reason why a question is not asked or speculate about what the answer might have been. Because the decision whether to allow the question is mine alone, do not hold itagainst any of the attorneys or their clients ifyour question is not asked. Remember that you are not an advocate for one side or the other. Each of you is an impartial judge of the facts. Your questions should be posed in as neutral a fashion as possible. Do not discuss any question asked by any juror with any other juror until after deliberations begin. CACTI 113. BIAS RequestedbyPlaintiff [| RequestedbyDefendantsHyundaiMotor x Requestedby O America GivenasRequested | Givenas Modified Ol | Given onCourt’sMotion O Refused O Withdrawn oO Judge Each one of us has biases about or certain perceptions or stereotypes of other people. We may be aware of some of our biases, though we may not share them with others. We may not be fully aware of some of our other biases. Our biases often affect how we act, favorably or unfavorably, toward someone. Bias can affect our thoughts, how we remember, what we see and hear, whom we believe or disbelieve, and how we make important decisions. As jurors you are being asked to make very important decisions in this case. You must not let bias, prejudice, or public opinion influence your decision. You must not be biased in favor of or against any party or witness because of his or her disability, gender, race, religion, ethnicity, sexual orientation, age, national origin, or socioeconomic status. Your verdict must be based solely on the evidence presented. You must carefully evaluate the evidence and resist any urge to reach a verdict that is influenced by bias for or against any party or witness. CACI 114. BENCH CONFERENCES AND CONFERENCE IN CHAMBERS ] | Requested by Plaintiff CL] | RequestedbyDefendantHyundaiMotor & | Requested by | Oo | | America | GivenasRequested Givenas Modified O Givenon Court’s Motion | O ja Refused jo Withdrawn Judge lo From time to time during the trial,it may become necessary for me to talk with the attorneys out of the hearing of the jury, either by having a conference at the bench when the jury ispresent in the courtroom, or by calling a recess to discuss matters outside of your presence. The purpose of these conferences is not to keep relevant information from you, but to decide how certain evidence isto be treated under the rules of evidence. Do not be concerned about our discussions or try to guess what is being said. | may not always grant an attorney's request for a conference. Do not consider my granting or denying a request for a conference as any indication of my opinion of the case or of my view of the evidence. CACI 116. WHY ELECTRONIC COMMUNICATIONS AND RESEARCH ARE PROHIBITED RequestedbyPlaintiff LJ | Requestedby Defendants HyundaiMotor xX Requestedby oO America GivenasRequested Cl | Given asModified | Givenon Court’s Motion Oo Refused O Withdrawn o Judge | know that many of us are used to communicating and perhaps even learning by electronic communications and research. However, there are good reasons why you must not electronically communicate or do any research on anything having to do with this trial or the parties. In court, jurors must make important decisions that have consequences for the parties. Those decisions must be based only on the evidence that you hear in this courtroom. The evidence that ispresented in court can be tested; itcan be shown to be right or wrong by either side; itcan be questioned; and itcan be contradicted by other evidence. What you might read or hear on your own could easily be wrong, out of date, or inapplicable to this case. The parties can receive a fair trial only ifthe facts and information on which you base your decisions are presented to you as a group, with each juror having the same opportunity to see, hear, and evaluate the evidence. Also, a trialis a public process that depends on disclosure in the courtroom of facts and evidence. Using information gathered in secret by one or more jurors undermines the public process and violates the rights of the parties. CACI 200. OBLIGATION TO PROVE — MORE LIKELY TRUE THAN NOT TRUE RequestedbyPlaintiff uo Requestedby Defendant Hyundai Motor Requestedby oO } America | GivenasRequested Oo GivenasModified Givenon Court’s Motion ;O Refused O Withdrawn O Judge A party must persuade you, by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as “the burden of proof.” After weighing all of the evidence, if you cannot decide that something is more likely to be true than not true, you must conclude that the party did not prove it.You should consider all the evidence, no matter which party produced the evidence. In criminal trials,the prosecution must prove that the defendant is guilty beyond a reasonable doubt. But in civil trials, such as this one, the party who is required to prove something need prove only that it is more likely to be true than not true. CACI 202. DIRECT AND INDIRECT EVIDENCE RequestedbyPlaintiff [] | Requestedby Defendant Hyundai Motor x Requestedby O America GivenasRequested [] | Givenas Modified Os} Givenon Court’s Motion Oo Refused oO Withdrawn Oo Judge Evidence can come in many forms. It can be testimony about what someone saw or heard or smelled. Itcan be an exhibit admitted into evidence. It can be someone’s opinion. Direct evidence can prove a fact by itself. For example, if a witness testifies she saw a jet plane flying across the sky, that testimony is direct evidence that a plane flew across the sky. Some evidence proves a fact indirectly. For example, a witness testifies that he saw only the white trail that jet planes often leave. This indirect evidence is sometimes referred to as “circumstantial evidence.” In either instance, the witness’s testimony is evidence that a jet plane flew across the sky. As far as the law is concerned, it makes no difference whether evidence is direct or indirect. You may choose to believe or disbelieve either kind. Whether it is direct or indirect ° you should give every piece of evidence whatever weight you think it deserves. CACi 203. PARTY HAVING POWER TO PRODUCE BETTER EVIDENCE || T RequestedbyPlaintiff Oo Requestedby DefendantHyundaiMotor & Requestedby }O | America GivenasRequested oO GivenasModified QO Givenon Court’s Motion Oo Refused O |Withdrawn qo Judge You may consider the ability of each party to provide evidence. If a party provided weaker evidence when it could have provided stronger evidence, you may distrust the weaker evidence. CACI 205. FAILURE TO EXPLAIN OR DENY EVIDENCE RequestedbyPlaintiff O Requestedby Defendant Hyundai Motor x Requestedby oO America GivenasRequested Oo GivenasModified O Givenon Court’s Motion oO Refused Withdrawn Oo Judge If a party failed to explain or deny evidence against them when they could reasonably be expected to have done so based on what they knew, you may consider their failure to explain or deny in evaluating that evidence. Itis up to you to decide the meaning and importance of the failure to explain or deny evidence against the party. CACI 206. EVIDENCE ADMITTED FOR LIMITED PURPOSE RequestedbyPlaintiff Go Requestedby DefendantHyundaiMotor xX Requestedby Oo America GivenasRequested {] | Givenas Modified {| Givenon Court’s Motion Oo Refused Oo Withdrawn Oo Judge During the trial, Iexplained to you that certain evidence was admitted for a limited purpose. You may consider that evidence only for the limited purpose that I described, and not for any other purpose. CAC] 208. DEPOSITION AS SUBSTANTIVE EVIDENCE RequestedbyPlaintiff oO RequestedbyDefendantHyundai Motor x Requestedby Oo America GivenasRequested O GivenasModified Oo Givenon Court’s Motion Oo Refused o Withdrawn Oo Judge During the trial,you received deposition testimony that was read from the deposition transcript. A deposition is the testimony of a person taken before trial. At a deposition the person is sworn to tell the truth and is questioned by the attorneys. You must consider the deposition testimony that was presented to you in the same way as you consider testimony given in court. Judicial Council of California Jury Instructions CACI 209. USE OF INTERROGATORIES OF A PARTY RequestedbyPlaintiff Oo Requestedby DefendantHyundaiMotor Xl Requestedby Oo America GivenasRequested O GivenasModified oO Givenon Court’s Motion O Refused oO Withdrawn Oo Judge Before trial,each party has the right to ask the other parties to answer written questions. These questions are called interrogatories. The answers are also in writing and are given under oath. You must consider the questions and answers that were read to you the same as if the questions and answers had been given in court. Judicial Council of California Jury Instructions CACI 210. REQUESTS FOR ADMISSIONS RequestedbyPlaintiff O RequestedbyDefendantHyundai Motor Xx Requestedby O America |Givenas Requested A |Givenas Modified Oo Givenon Court’s Motion O | Refused O Withdrawn O - _ Judge | Before trial,each party has the right to ask another party to admit in writing that certain matters are true. If the other party admits those matters, you must accept them as true. No further evidence is required to prove them. However, these matters must be considered true only as they apply to the party who admitted they were true. Judicial Council of California Jury Instructions CACI 212. STATEMENTS OF A PARTY OPPONENT RequestedbyPlaintiff oO Requestedby DefendantHyundaiMotor x Requestedby O America GivenasRequested oO GivenasModified Os] Givenon Court’s Motion Oo Refused O Withdrawn O Judge A party may offer into evidence any oral or written statement made by an opposing party outside the courtroom. When you evaluate evidence of such a statement, you must consider these questions: 1. Do you believe that the party actually made the statement? If you do not believe that the party made the statement, you may not consider the statement at all. 2. If you believe that the statement was made, do you believe itwas reported accurately? You should view testimony about an oral statement made by a party outside the courtroom with caution. Judicial Council of California Jury Instructions CACI 215. EXERCISE OF A COMMUNICATION PRIVILEGE | RequestedbyPlaintiff oO Requestedby DefendantHyundaiMotor |Xx Requestedby America GivenasRequested- Cs} GivenasModified = oO | GivenonCourt’sMotion Refused Withdrawn O Judge Hyundai Motor America has an absolute right not to disclose what it told its attorney in confidence because the law considers this information privileged. Do not consider, for any reason at all, the fact that Hyundai Motor America did not disclose what ittold its attorney. Do not discuss that fact during your deliberations or let it influence your decision in any way. CACI 219. EXPERT WITNESS TESTIMONY RequestedbyPlaintiff CL] | RequestedbyDefend