Preview
BOCUMENT. Document: Other 14011091
CASE: S-CV-0036592
DATE: 11/30/2017
TRAINOR FAIRBROOK F TLE!
JOHN D. FAIRBROOK (SBN 105115) Super unity of Placer
jfairbrook@trainorfairbrook.com oO as
Ie)
980 Fulton Avenue
Sacramento, California 95825
Telephone: (916) 929-7000
Facsimile: (916) 929-7111
p
kem:5774001.1608766.1
ws
Attorneys for Defendants
“HA
ARSENAULT HOLDINGS, LLC; REAL
CAPITAL SOLUTIONS, INC.; RCS-
WINCHESTER, LLC; RCS-WINCHESTER GOLF,
LLC; RCS-WINCHESTER LAND, LLC; RCS-
WINCHESTER HOSPITALITY, LLC; RCS-
WINCHESTER DEVELOPMENT II,LLC
SUPERIOR COURT OF CALIFORNIA
10
COUNTY OF PLACER
11
95825
929-7000
929-7111
FAIRBROOK
12
AVENUE
CALIFORNIA
MANDARICH DEVELOPMENTS, a Case No. SCV0036592
Law
13 California Corporation,
(916)
At
(916)
FULTON
Attorneys
Plaintiff,
TRAINOR
Telephone:
14
SACRAMENTO,
Facsimile:
DEFENDANTS' PROPOSED
980
15 v. REVISED VERDICT FORM-303
16 ARSENAULT HOLDINGS, LLC, a
Colorado limited liability company; REAL
17 CAPITAL SOLUTIONS, INC., a Colorado
corporation; RCS-WINCHESTER, LLC, a
18 Colorado limited liability company; RCS- Complaint Filed: July 22, 2015
WINCHESTER GOLF, LLC, a Colorado Trial Date: October 23, 2017
19 limited liability company; RCS-
WINCHESTER LAND, LLC, a Colorado
20 limited liability company; RCS-
WINCHESTER HOSPITALITY, LLC, a
21 Colorado limited liability company; RCS-
WINCHESTER DEVELOPMENT II,
LLC, a Colorado limited liability company;
MARCEL J.C. ARSENAULT, an
23 individual; PETER WELLS, an individual;
TAYLOR COX, an individual; DAVID
24 BENNETT, an individual; AMY
BENNETT, et al.,
Zo
Defendants.
26
27
28
DEFENDANTS' REVISED PROPOSED VERDICT FORM 303
TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that Defendants ARSENAULT HOLDINGS, LLC; REAL
CAPITAL SOLUTIONS, INC.; RCS-WINCHESTER, LLC; RCS-WINCHESTER GOLF, LLC;
RCS-WINCHESTER LAND, LLC; RCS-WINCHESTER HOSPITALITY, LLC; and RCS-
WINCHESTER DEVELOPMENT II,LLC hereby submit the attached proposed revised Verdict
A
Form 303.
DO
NHN
FS
Dated: November 30, 2017 TRAINOR FAIRBROOK
oOo
10
11
OHN D. ronnie
95825
a
929-7000
929-7111
FAIRBROOK
12
AVENUE
CALIFORNIA
Law
13
(916)
At
(916)
FULTON
Attorneys
TRAINOR
14
Telephone:
SACRAMENTO,
Facsimile:
980
15
16
17
18
19
20
21
22
24
25
26
27
28
DEFENDANTS' REVISED PROPOSED VERDICT FORM 303
VF-303 Breach of Contract— Contract Formation at Issue
MANDARICH DEVELOPMENTS, INC. v. ARSENAULT HOLDINGS, LLC
We answer the questions submitted to us as follows:
1. Did Defendant Arsenault Holdings, LLC communicate an offer to Mandarich
Developments to enter into a contract on the terms set forth in the December 21, 2012
Term Sheet?
Yes No
ifyour answer to question 1 is yes, then answer question 2. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Were the terms of the offer clear enough so that the parties could understand what each
was required to do?
Yes No
ifyour answer to question 2 is yes, then answer question 3. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Did the parties agree to give each other something of value?
Yes No
ifyour answer to question 3 is yes, then answer question 4. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Did the parties agree to the terms of the contract?
Yes No
Ifyour answer to question 4 is yes, then answer question 5. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Did Mandarich Developments do all, or substantially all, of the significant things that the
contract required it to do?
Yes No
lf your answer to question 5 is yes, answer question 6. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date the form.
Did Arsenault Holdings, LLC failto do something that the contract required itto do?
Yes No
or
Did Arsenault Holdings, LLC do something that the contract prohibited itfrom doing?
Yes No
lf your answer to either option for question 6 is yes, then answer question 7. Ifyou
answered no to both options, stop here, answer no further questions, and have the
presiding juror sign and date this form.
7. Was Mandarich Developments harmed by Arsenault Holdings, LLC’s breach of contract?
Yes No
ifyour answer to question 7 is yes, then answer question 8. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
8. What are Mandarich Developments’ damages?
Lost profits:
$
9. Have Defendants proved that Mandarich Developments failed to take reasonable steps to
mitigate or reduce the damages caused by the Defendant’s breach of contract?
Yes No
If your answer to question 9 is yes, then answer question 10. If you answered no, stop
here, answer no further questions, and have the foreperson sign and date this form.
10. What amount of Mandarich Developments’ damages could have been avoided if
Mandarich Developments had undertaken reasonable efforts to mitigate or reduce their
damages?
$
TOTAL DAMAGES $
Signed:
Dated:
After all verdict forms have been signed, notify the bailiff that you are ready to present your
verdict in the courtroom.
VF-303 Breach of Contract—Contract Formation at Issue
MANDARICH DEVELOPMENTS, INC. v. REAL CAPITAL SOLUTIONS, INC.
We answer the questions submitted to us as follows:
1. Did Defendant Real Capital Solutions, Inc. communicate an offer to Mandarich
Developments to enter into a contract on the terms set forth in the December 21, 2012
Term Sheet?
Yes No
ifyour answer to question 1 is yes, then answer question 2. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Were the terms of the offer clear enough so that the parties could understand what each
was required to do?
Yes No
ifyour answer to question 2 is yes, then answer question 3. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Did the parties agree to give each other something of value?
Yes No
ifyour answer to question 3 is yes, then answer question 4. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Did the parties agree to the terms of the contract?
Yes No
ifyour answer to question 4 is yes, then answer question 5. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Did Mandarich Developments do all, or substantially all, of the significant things that the
contract required it to do?
Yes No
If your answer to question 5 is yes, answer question 6. If you answered no, stop here,
answer no further questions, and have the presiding juror sign and date the form.
Did Real Capital Solutions, Inc. failto do something that the contract required itto do?
Yes No
or
Did Real Capital Solutions, Inc.do something that the contract prohibited itfrom doing?
Yes No
If your answer to either option for question 6 is yes, then answer question 7. Ifyou
answered no to both options, stop here, answer no further questions, and have the
presiding juror sign and date this form.
7. Was Mandarich Developments harmed by Real Capital Solutions, Inc.'s breach of
contract?
Yes No
ifyour answer to question 7 is yes, then answer question 8. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
8. What are Mandarich Developments’ damages?
Lost profits:
$
9. Have Defendants proved that Mandarich Developments faiied to take reasonable steps to
mitigate or reduce the damages caused by the Defendant’s breach of contract?
Yes No
If your answer to question 9 is yes, then answer question 10. If you answered no, stop
here, answer no further questions, and have the foreperson sign and date this form.
10. What amount of Mandarich Developments’ damages could have been avoided if
Mandarich Developments had undertaken reasonable efforts to mitigate or reduce their
damages?
$d
TOTAL DAMAGES $
Signed:
Dated:
After all verdict forms have been signed, notify the bailiff that you are ready to present your
verdict in the courtroom.
VF-303 Breach of Contract—Contract Formation at Issue
MANDARICH DEVELOPMENTS, INC. v. RCS-WINCHESTER, LLC
We answer the questions submitted to us as follows:
1. Did Defendant RCS-Winchester, LLC communicate an offer to Mandarich Developments to
enter into a contract on the terms set forth in the December 21, 2012 Term Sheet?
Yes No
Ifyour answer to question 1 is yes, then answer question 2. lfyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Were the terms of the offer clear enough so that the parties could understand what each
was required to do?
Yes No
Ifyour answer to question 2 is yes, then answer question 3. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Did the parties agree to give each other something of value?
Yes No
ifyour answer to question 3 is yes, then answer question 4. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Did the parties agree to the terms of the contract?
Yes No
ifyour answer to question 4 is yes, then answer question 5. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Did Mandarich Developments do all, or substantially all, of the significant things that the
contract required itto do?
Yes No
If your answer to question 5 is yes, answer question 6. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date the form.
Did RCS-Winchester, LLC failto do something that the contract required itto do?
Yes No
or
Did RCS-Winchester, LLC do something that the contract prohibited itfrom doing?
Yes No
If your answer to either option for question 6 is yes, then answer question 7. If you
answered no to both options, stop here, answer no further questions, and have the
presiding juror sign and date this form.
7. Was Mandarich Developments harmed by RCS-Winchester, LLC’s breach of contract?
Yes No
ifyour answer to question 7 is yes, then answer question 8. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
8. What are Mandarich Developments’ damages?
Lost profits:
$
9. Have Defendants proved that Mandarich Developments failed to take reasonable steps to
mitigate or reduce the damages caused by the Defendant’s breach of contract?
Yes No
ifyour answer to question 9 is yes, then answer question 10. If you answered no, stop
here, answer no further questions, and have the foreperson sign and date this form.
10. What amount of Mandarich Developments’ damages could have been avoided if
Mandarich Developments had undertaken reasonable efforts to mitigate or reduce their
damages?
a |
TOTAL DAMAGES $
Signed:
Dated:
After all verdict forms have been signed, notify the bailiff that you are ready to present your
verdict in the courtroom.
VF-303 Breach of Contract— Contract Formation at Issue
MANDARICH DEVELOPMENTS, INC. v. RCS-WINCHESTER DEVELOPMENT Il,LLC
We answer the questions submitted to us as follows:
1. Did Defendant RCS-Winchester Development Il,LLC communicate an offer to Mandarich
Developments to enter into a contract on the terms set forth in the December 21, 2012
Term Sheet?
Yes No
Ifyour answer to question 1 is yes, then answer question 2. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Were the terms of the offer clear enough so that the parties could understand what each
was required to do?
Yes No
ifyour answer to question 2 is yes, then answer question 3. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Did the parties agree to give each other something of value?
Yes No ,
Ifyour answer to question 3 is yes, then answer question 4. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Did the parties agree to the terms of the contract?
Yes No
ifyour answer to question 4 is yes, then answer question 5. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Did Mandarich Developments do all, or substantially all, of the significant things that the
contract required it to do?
Yes No
lf your answer to question 5 is yes, answer question 6. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date the form.
Did RCS-Winchester Development ll,LLC failto do something that the contract required it
to do?
Yes No
or
Did RCS-Winchester Development Il,LLC do something that the contract prohibited itfrom
doing?
Yes No
if your answer to either option for question 6 is yes, then answer question 7. If you
answered no to both options, stop here, answer no further questions, and have the
presiding juror sign and date this form.
Was Mandarich Developments harmed by RCS-Winchester Development ll,LLC’s breach
of contract?
Yes No
ifyour answer to question 7 is yes, then answer question 8. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
What are Mandarich Developments’ damages?
Lost profits:
$
Have Defendants proved that Mandarich Developments failed to take reasonable steps to
mitigate or reduce the damages caused by the Defendant's breach of contract?
Yes No
if your answer to question 9 is yes, then answer question 10. If you answered no, stop
here, answer no further questions, and have the foreperson sign and date this form.
10. What amount of Mandarich Developments’ damages could have been avoided if
Mandarich Developments had undertaken reasonable efforts to mitigate or reduce their
damages?
$
TOTAL DAMAGES $
Signed:
Dated:
After all verdict forms have been signed, notify the bailiff that you are ready to present your
verdict in the courtroom.
VF-303 Breach of Contract— Contract Formation at Issue
MANDARICH DEVELOPMENTS, INC. v. RCS-WINCHESTER HOSPITALITY, LLC
We answer the questions submitted to us as follows:
1. Did Defendant RCS-Winchester Hospitality, LLC communicate an offer to Mandarich
Developments to enter into a contract on the terms set forth in the December 21, 2012
Term Sheet?
Yes No
ifyour answer to question 1 is yes, then answer question 2. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Were the terms of the offer clear enough so that the parties could understand what each
was required to do?
Yes No
ifyour answer to question 2 is yes, then answer question 3. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Did the parties agree to give each other something of value?
Yes No
ifyour answer to question 3 is yes, then answer question 4. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Did the parties agree to the terms of the contract?
Yes No
ifyour answer to question 4 is yes, then answer question 5. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Did Mandarich Developments do all, or substantially all, of the significant things that the
contract required it to do?
Yes No
If your answer to question 5 is yes, answer question 6. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date the form.
Did RCS-Winchester Hospitality, LLC failto do something that the contract required itto
do?
Yes No
or
Did RCS-Winchester Hospitality, LLC do something that the contract prohibited it from
doing?
Yes No
if your answer to either option for question 6 is yes, then answer question 7. Ifyou
answered no to both options, stop here, answer no further questions, and have the
presiding juror sign and date this form.
Was Mandarich Developments harmed by RCS-Winchester Hospitality, LLC’s breach of
contract?
Yes No
Ifyour answer to question 7 is yes, then answer question 8. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
What are Mandarich Developments’ damages?
Lost profits:
$
Have Defendants proved that Mandarich Developments failed to take reasonable steps to
mitigate or reduce the damages caused by the Defendant’s breach of contract?
Yes No
If your answer to question 9 is yes, then answer question 10. If you answered no, stop
here, answer no further questions, and have the foreperson sign and date this form.
10. What amount of Mandarich Developments’ damages could have been avoided if
Mandarich Developments had undertaken reasonable efforts to mitigate or reduce their
damages?
$
TOTAL DAMAGES $
Signed:
Dated:
After all verdict forms have been signed, notify the bailiff that you are ready to present your
verdict in the courtroom.
VF-303 Breach of Contract— Contract Formation at issue
MANDARICH DEVELOPMENTS, INC. v. RCS-WINCHESTER LAND, LLC
We answer the questions submitted to us as follows:
1. Did Defendant RCS-Winchester Land, LLC communicate an offer to Mandarich
Developments to enter into a contract on the terms set forth in the December 21, 2012
Term Sheet?
Yes No
ifyour answer to question 1 is yes, then answer question 2. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Were the terms of the offer clear enough so that the parties could understand what each
was required to do?
Yes No
ifyour answer to question 2 is yes, then answer question 3. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Did the parties agree to give each other something of value?
Yes No
ifyour answer to question 3 is yes, then answer question 4. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Did the parties agree to the terms of the contract?
Yes No
ifyour answer to question 4 is yes, then answer question 5. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Did Mandarich Developments do all, or substantially all, of the significant things that the
contract required it to do?
Yes No
If your answer to question 5 is yes, answer question 6. If you answered no, stop here,
answer no further questions, and have the presiding juror sign and date the form.
Did RCS-Winchester Land, LLC failto do something that the contract required itto do?
Yes No
or
Did RCS-Winchester Land, LLC do something that the contract prohibited itfrom doing?
Yes No
if your answer to either option for question 6 is yes, then answer question 7. Ifyou
answered no to both options, stop here, answer no further questions, and have the
presiding juror sign and date this form.
Was Mandarich Developments harmed by RCS-Winchester Land, LLC’s breach of
contract?
Yes No
ifyour answer to question 7 is yes, then answer question 8. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
What are Mandarich Developments’ damages?
Lost profits:
$
Have Defendants proved that Mandarich Developments failed to take reasonable steps to
mitigate or reduce the damages caused by the Defendant’s breach of contract?
Yes No
If your answer to question 9 is yes, then answer question 10. If you answered no, stop
here, answer no further questions, and have the foreperson sign and date this form.
10. What amount of Mandarich Developments’ damages could have been avoided if
Mandarich Developments had undertaken reasonable efforts to mitigate or reduce their
damages?
$
TOTAL DAMAGES $
Signed:
Dated:
After all verdict forms have been signed, notify the bailiff that you are ready to present your
verdict in the courtroom.
VF-303 Breach of Contract— Contract Formation at Issue
MANDARICH DEVELOPMENTS, INC. v. RCS-WINCHESTER GOLF, LLC
We answer the questions submitted to us as follows:
1. Did Defendant RCS-Winchester Golf, LLC communicate an offer to Mandarich
Developments to enter into a contract on the terms set forth in the December 21, 2012
Term Sheet?
Yes No
Ifyour answer to question 1 is yes, then answer question 2. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Were the terms of the offer clear enough so that the parties could understand what each
was required to do?
Yes No
Ifyour answer to question 2 is yes, then answer question 3. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Did the parties agree to give each other something of value?
Yes No
ifyour answer to question 3 is yes, then answer question 4. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Did the parties agree to the terms of the contract?
Yes No
Ifyour answer to question 4 is yes, then answer question 5. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
Did Mandarich Developments do all, or substantially all, of the significant things that the
contract required it to do?
Yes No
If your answer to question 5 is yes, answer question 6. If you answered no, stop here,
answer no further questions, and have the presiding juror sign and date the form.
Did RCS-Winchester Golf, LLC failto do something that the contract required itto do?
Yes No
or
Did RCS-Winchester Golf, LLC do something that the contract prohibited itfrom doing?
Yes No
if your answer to either option for question 6 is yes, then answer question 7. If you
answered no to both options, stop here, answer no further questions, and have the
presiding juror sign and date this form.
7. Was Mandarich Developments harmed by RCS-Winchester Golf, LLC’s breach of
contract?
Yes No
ifyour answer to question 7 is yes, then answer question 8. Ifyou answered no, stop here,
answer no further questions, and have the presiding juror sign and date this form.
8. What are Mandarich Developments’ damages?
Lost profits:
$
9. Have Defendants proved that Mandarich Developments failed to take reasonable steps to
mitigate or reduce the damages caused by the Defendant’s breach of contract?
Yes No
If your answer to question 9 is yes, then answer question 10. If you answered no, stop
here, answer no further questions, and have the foreperson sign and date this form.
10. What amount of Mandarich Developments’ damages could have been avoided if
Mandarich Developments had undertaken reasonable efforts to mitigate or reduce their
damages?
$ ]
TOTAL DAMAGES $
Signed:
Dated:
After all verdict forms have been signed, notify the bailiff that you are ready to present your
verdict in the courtroom.
Preview
BOCUMENT. Document: Other 14011091 CASE: S-CV-0036592 DATE: 11/30/2017 TRAINOR FAIRBROOK F TLE! JOHN D. FAIRBROOK (SBN 105115) Super unity of Placer jfairbrook@trainorfairbrook.com oO as Ie) 980 Fulton Avenue Sacramento, California 95825 Telephone: (916) 929-7000 Facsimile: (916) 929-7111 p kem:5774001.1608766.1 ws Attorneys for Defendants “HA ARSENAULT HOLDINGS, LLC; REAL CAPITAL SOLUTIONS, INC.; RCS- WINCHESTER, LLC; RCS-WINCHESTER GOLF, LLC; RCS-WINCHESTER LAND, LLC; RCS- WINCHESTER HOSPITALITY, LLC; RCS- WINCHESTER DEVELOPMENT II,LLC SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF PLACER 11 95825 929-7000 929-7111 FAIRBROOK 12 AVENUE CALIFORNIA MANDARICH DEVELOPMENTS, a Case No. SCV0036592 Law 13 California Corporation, (916) At (916) FULTON Attorneys Plaintiff, TRAINOR Telephone: 14 SACRAMENTO, Facsimile: DEFENDANTS' PROPOSED 980 15 v. REVISED VERDICT FORM-303 16 ARSENAULT HOLDINGS, LLC, a Colorado limited liability company; REAL 17 CAPITAL SOLUTIONS, INC., a Colorado corporation; RCS-WINCHESTER, LLC, a 18 Colorado limited liability company; RCS- Complaint Filed: July 22, 2015 WINCHESTER GOLF, LLC, a Colorado Trial Date: October 23, 2017 19 limited liability company; RCS- WINCHESTER LAND, LLC, a Colorado 20 limited liability company; RCS- WINCHESTER HOSPITALITY, LLC, a 21 Colorado limited liability company; RCS- WINCHESTER DEVELOPMENT II, LLC, a Colorado limited liability company; MARCEL J.C. ARSENAULT, an 23 individual; PETER WELLS, an individual; TAYLOR COX, an individual; DAVID 24 BENNETT, an individual; AMY BENNETT, et al., Zo Defendants. 26 27 28 DEFENDANTS' REVISED PROPOSED VERDICT FORM 303 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Defendants ARSENAULT HOLDINGS, LLC; REAL CAPITAL SOLUTIONS, INC.; RCS-WINCHESTER, LLC; RCS-WINCHESTER GOLF, LLC; RCS-WINCHESTER LAND, LLC; RCS-WINCHESTER HOSPITALITY, LLC; and RCS- WINCHESTER DEVELOPMENT II,LLC hereby submit the attached proposed revised Verdict A Form 303. DO NHN FS Dated: November 30, 2017 TRAINOR FAIRBROOK oOo 10 11 OHN D. ronnie 95825 a 929-7000 929-7111 FAIRBROOK 12 AVENUE CALIFORNIA Law 13 (916) At (916) FULTON Attorneys TRAINOR 14 Telephone: SACRAMENTO, Facsimile: 980 15 16 17 18 19 20 21 22 24 25 26 27 28 DEFENDANTS' REVISED PROPOSED VERDICT FORM 303 VF-303 Breach of Contract— Contract Formation at Issue MANDARICH DEVELOPMENTS, INC. v. ARSENAULT HOLDINGS, LLC We answer the questions submitted to us as follows: 1. Did Defendant Arsenault Holdings, LLC communicate an offer to Mandarich Developments to enter into a contract on the terms set forth in the December 21, 2012 Term Sheet? Yes No ifyour answer to question 1 is yes, then answer question 2. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Were the terms of the offer clear enough so that the parties could understand what each was required to do? Yes No ifyour answer to question 2 is yes, then answer question 3. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did the parties agree to give each other something of value? Yes No ifyour answer to question 3 is yes, then answer question 4. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did the parties agree to the terms of the contract? Yes No Ifyour answer to question 4 is yes, then answer question 5. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Mandarich Developments do all, or substantially all, of the significant things that the contract required it to do? Yes No lf your answer to question 5 is yes, answer question 6. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date the form. Did Arsenault Holdings, LLC failto do something that the contract required itto do? Yes No or Did Arsenault Holdings, LLC do something that the contract prohibited itfrom doing? Yes No lf your answer to either option for question 6 is yes, then answer question 7. Ifyou answered no to both options, stop here, answer no further questions, and have the presiding juror sign and date this form. 7. Was Mandarich Developments harmed by Arsenault Holdings, LLC’s breach of contract? Yes No ifyour answer to question 7 is yes, then answer question 8. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 8. What are Mandarich Developments’ damages? Lost profits: $ 9. Have Defendants proved that Mandarich Developments failed to take reasonable steps to mitigate or reduce the damages caused by the Defendant’s breach of contract? Yes No If your answer to question 9 is yes, then answer question 10. If you answered no, stop here, answer no further questions, and have the foreperson sign and date this form. 10. What amount of Mandarich Developments’ damages could have been avoided if Mandarich Developments had undertaken reasonable efforts to mitigate or reduce their damages? $ TOTAL DAMAGES $ Signed: Dated: After all verdict forms have been signed, notify the bailiff that you are ready to present your verdict in the courtroom. VF-303 Breach of Contract—Contract Formation at Issue MANDARICH DEVELOPMENTS, INC. v. REAL CAPITAL SOLUTIONS, INC. We answer the questions submitted to us as follows: 1. Did Defendant Real Capital Solutions, Inc. communicate an offer to Mandarich Developments to enter into a contract on the terms set forth in the December 21, 2012 Term Sheet? Yes No ifyour answer to question 1 is yes, then answer question 2. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Were the terms of the offer clear enough so that the parties could understand what each was required to do? Yes No ifyour answer to question 2 is yes, then answer question 3. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did the parties agree to give each other something of value? Yes No ifyour answer to question 3 is yes, then answer question 4. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did the parties agree to the terms of the contract? Yes No ifyour answer to question 4 is yes, then answer question 5. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Mandarich Developments do all, or substantially all, of the significant things that the contract required it to do? Yes No If your answer to question 5 is yes, answer question 6. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date the form. Did Real Capital Solutions, Inc. failto do something that the contract required itto do? Yes No or Did Real Capital Solutions, Inc.do something that the contract prohibited itfrom doing? Yes No If your answer to either option for question 6 is yes, then answer question 7. Ifyou answered no to both options, stop here, answer no further questions, and have the presiding juror sign and date this form. 7. Was Mandarich Developments harmed by Real Capital Solutions, Inc.'s breach of contract? Yes No ifyour answer to question 7 is yes, then answer question 8. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 8. What are Mandarich Developments’ damages? Lost profits: $ 9. Have Defendants proved that Mandarich Developments faiied to take reasonable steps to mitigate or reduce the damages caused by the Defendant’s breach of contract? Yes No If your answer to question 9 is yes, then answer question 10. If you answered no, stop here, answer no further questions, and have the foreperson sign and date this form. 10. What amount of Mandarich Developments’ damages could have been avoided if Mandarich Developments had undertaken reasonable efforts to mitigate or reduce their damages? $d TOTAL DAMAGES $ Signed: Dated: After all verdict forms have been signed, notify the bailiff that you are ready to present your verdict in the courtroom. VF-303 Breach of Contract—Contract Formation at Issue MANDARICH DEVELOPMENTS, INC. v. RCS-WINCHESTER, LLC We answer the questions submitted to us as follows: 1. Did Defendant RCS-Winchester, LLC communicate an offer to Mandarich Developments to enter into a contract on the terms set forth in the December 21, 2012 Term Sheet? Yes No Ifyour answer to question 1 is yes, then answer question 2. lfyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Were the terms of the offer clear enough so that the parties could understand what each was required to do? Yes No Ifyour answer to question 2 is yes, then answer question 3. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did the parties agree to give each other something of value? Yes No ifyour answer to question 3 is yes, then answer question 4. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did the parties agree to the terms of the contract? Yes No ifyour answer to question 4 is yes, then answer question 5. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Mandarich Developments do all, or substantially all, of the significant things that the contract required itto do? Yes No If your answer to question 5 is yes, answer question 6. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date the form. Did RCS-Winchester, LLC failto do something that the contract required itto do? Yes No or Did RCS-Winchester, LLC do something that the contract prohibited itfrom doing? Yes No If your answer to either option for question 6 is yes, then answer question 7. If you answered no to both options, stop here, answer no further questions, and have the presiding juror sign and date this form. 7. Was Mandarich Developments harmed by RCS-Winchester, LLC’s breach of contract? Yes No ifyour answer to question 7 is yes, then answer question 8. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 8. What are Mandarich Developments’ damages? Lost profits: $ 9. Have Defendants proved that Mandarich Developments failed to take reasonable steps to mitigate or reduce the damages caused by the Defendant’s breach of contract? Yes No ifyour answer to question 9 is yes, then answer question 10. If you answered no, stop here, answer no further questions, and have the foreperson sign and date this form. 10. What amount of Mandarich Developments’ damages could have been avoided if Mandarich Developments had undertaken reasonable efforts to mitigate or reduce their damages? a | TOTAL DAMAGES $ Signed: Dated: After all verdict forms have been signed, notify the bailiff that you are ready to present your verdict in the courtroom. VF-303 Breach of Contract— Contract Formation at Issue MANDARICH DEVELOPMENTS, INC. v. RCS-WINCHESTER DEVELOPMENT Il,LLC We answer the questions submitted to us as follows: 1. Did Defendant RCS-Winchester Development Il,LLC communicate an offer to Mandarich Developments to enter into a contract on the terms set forth in the December 21, 2012 Term Sheet? Yes No Ifyour answer to question 1 is yes, then answer question 2. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Were the terms of the offer clear enough so that the parties could understand what each was required to do? Yes No ifyour answer to question 2 is yes, then answer question 3. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did the parties agree to give each other something of value? Yes No , Ifyour answer to question 3 is yes, then answer question 4. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did the parties agree to the terms of the contract? Yes No ifyour answer to question 4 is yes, then answer question 5. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Mandarich Developments do all, or substantially all, of the significant things that the contract required it to do? Yes No lf your answer to question 5 is yes, answer question 6. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date the form. Did RCS-Winchester Development ll,LLC failto do something that the contract required it to do? Yes No or Did RCS-Winchester Development Il,LLC do something that the contract prohibited itfrom doing? Yes No if your answer to either option for question 6 is yes, then answer question 7. If you answered no to both options, stop here, answer no further questions, and have the presiding juror sign and date this form. Was Mandarich Developments harmed by RCS-Winchester Development ll,LLC’s breach of contract? Yes No ifyour answer to question 7 is yes, then answer question 8. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. What are Mandarich Developments’ damages? Lost profits: $ Have Defendants proved that Mandarich Developments failed to take reasonable steps to mitigate or reduce the damages caused by the Defendant's breach of contract? Yes No if your answer to question 9 is yes, then answer question 10. If you answered no, stop here, answer no further questions, and have the foreperson sign and date this form. 10. What amount of Mandarich Developments’ damages could have been avoided if Mandarich Developments had undertaken reasonable efforts to mitigate or reduce their damages? $ TOTAL DAMAGES $ Signed: Dated: After all verdict forms have been signed, notify the bailiff that you are ready to present your verdict in the courtroom. VF-303 Breach of Contract— Contract Formation at Issue MANDARICH DEVELOPMENTS, INC. v. RCS-WINCHESTER HOSPITALITY, LLC We answer the questions submitted to us as follows: 1. Did Defendant RCS-Winchester Hospitality, LLC communicate an offer to Mandarich Developments to enter into a contract on the terms set forth in the December 21, 2012 Term Sheet? Yes No ifyour answer to question 1 is yes, then answer question 2. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Were the terms of the offer clear enough so that the parties could understand what each was required to do? Yes No ifyour answer to question 2 is yes, then answer question 3. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did the parties agree to give each other something of value? Yes No ifyour answer to question 3 is yes, then answer question 4. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did the parties agree to the terms of the contract? Yes No ifyour answer to question 4 is yes, then answer question 5. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Mandarich Developments do all, or substantially all, of the significant things that the contract required it to do? Yes No If your answer to question 5 is yes, answer question 6. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date the form. Did RCS-Winchester Hospitality, LLC failto do something that the contract required itto do? Yes No or Did RCS-Winchester Hospitality, LLC do something that the contract prohibited it from doing? Yes No if your answer to either option for question 6 is yes, then answer question 7. Ifyou answered no to both options, stop here, answer no further questions, and have the presiding juror sign and date this form. Was Mandarich Developments harmed by RCS-Winchester Hospitality, LLC’s breach of contract? Yes No Ifyour answer to question 7 is yes, then answer question 8. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. What are Mandarich Developments’ damages? Lost profits: $ Have Defendants proved that Mandarich Developments failed to take reasonable steps to mitigate or reduce the damages caused by the Defendant’s breach of contract? Yes No If your answer to question 9 is yes, then answer question 10. If you answered no, stop here, answer no further questions, and have the foreperson sign and date this form. 10. What amount of Mandarich Developments’ damages could have been avoided if Mandarich Developments had undertaken reasonable efforts to mitigate or reduce their damages? $ TOTAL DAMAGES $ Signed: Dated: After all verdict forms have been signed, notify the bailiff that you are ready to present your verdict in the courtroom. VF-303 Breach of Contract— Contract Formation at issue MANDARICH DEVELOPMENTS, INC. v. RCS-WINCHESTER LAND, LLC We answer the questions submitted to us as follows: 1. Did Defendant RCS-Winchester Land, LLC communicate an offer to Mandarich Developments to enter into a contract on the terms set forth in the December 21, 2012 Term Sheet? Yes No ifyour answer to question 1 is yes, then answer question 2. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Were the terms of the offer clear enough so that the parties could understand what each was required to do? Yes No ifyour answer to question 2 is yes, then answer question 3. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did the parties agree to give each other something of value? Yes No ifyour answer to question 3 is yes, then answer question 4. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did the parties agree to the terms of the contract? Yes No ifyour answer to question 4 is yes, then answer question 5. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Mandarich Developments do all, or substantially all, of the significant things that the contract required it to do? Yes No If your answer to question 5 is yes, answer question 6. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date the form. Did RCS-Winchester Land, LLC failto do something that the contract required itto do? Yes No or Did RCS-Winchester Land, LLC do something that the contract prohibited itfrom doing? Yes No if your answer to either option for question 6 is yes, then answer question 7. Ifyou answered no to both options, stop here, answer no further questions, and have the presiding juror sign and date this form. Was Mandarich Developments harmed by RCS-Winchester Land, LLC’s breach of contract? Yes No ifyour answer to question 7 is yes, then answer question 8. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. What are Mandarich Developments’ damages? Lost profits: $ Have Defendants proved that Mandarich Developments failed to take reasonable steps to mitigate or reduce the damages caused by the Defendant’s breach of contract? Yes No If your answer to question 9 is yes, then answer question 10. If you answered no, stop here, answer no further questions, and have the foreperson sign and date this form. 10. What amount of Mandarich Developments’ damages could have been avoided if Mandarich Developments had undertaken reasonable efforts to mitigate or reduce their damages? $ TOTAL DAMAGES $ Signed: Dated: After all verdict forms have been signed, notify the bailiff that you are ready to present your verdict in the courtroom. VF-303 Breach of Contract— Contract Formation at Issue MANDARICH DEVELOPMENTS, INC. v. RCS-WINCHESTER GOLF, LLC We answer the questions submitted to us as follows: 1. Did Defendant RCS-Winchester Golf, LLC communicate an offer to Mandarich Developments to enter into a contract on the terms set forth in the December 21, 2012 Term Sheet? Yes No Ifyour answer to question 1 is yes, then answer question 2. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Were the terms of the offer clear enough so that the parties could understand what each was required to do? Yes No Ifyour answer to question 2 is yes, then answer question 3. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did the parties agree to give each other something of value? Yes No ifyour answer to question 3 is yes, then answer question 4. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did the parties agree to the terms of the contract? Yes No Ifyour answer to question 4 is yes, then answer question 5. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Mandarich Developments do all, or substantially all, of the significant things that the contract required it to do? Yes No If your answer to question 5 is yes, answer question 6. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date the form. Did RCS-Winchester Golf, LLC failto do something that the contract required itto do? Yes No or Did RCS-Winchester Golf, LLC do something that the contract prohibited itfrom doing? Yes No if your answer to either option for question 6 is yes, then answer question 7. If you answered no to both options, stop here, answer no further questions, and have the presiding juror sign and date this form. 7. Was Mandarich Developments harmed by RCS-Winchester Golf, LLC’s breach of contract? Yes No ifyour answer to question 7 is yes, then answer question 8. Ifyou answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 8. What are Mandarich Developments’ damages? Lost profits: $ 9. Have Defendants proved that Mandarich Developments failed to take reasonable steps to mitigate or reduce the damages caused by the Defendant’s breach of contract? Yes No If your answer to question 9 is yes, then answer question 10. If you answered no, stop here, answer no further questions, and have the foreperson sign and date this form. 10. What amount of Mandarich Developments’ damages could have been avoided if Mandarich Developments had undertaken reasonable efforts to mitigate or reduce their damages? $ ] TOTAL DAMAGES $ Signed: Dated: After all verdict forms have been signed, notify the bailiff that you are ready to present your verdict in the courtroom.