Preview
De BK12159 PG2420
J. GARY GWILLIAM (SBN 33430) FILED
! | RANDALL E. STRAUSS (SBN 168363) ALAMEDA GOUNTY
‘William, vary, 10SSO0. avalll rewer
2 || 1999 Harrison St. Ste. 1600 FEB 09 2012
Oakland, CA 94612
3 || Telephone: 510-832-5411 CLERK OF THE SUPERIOR COURT
Facsimile: 510-832-1918 py Hhenend
4 ||Email: ggwilliam@giccb.com D
5 | RICHARD E. KORB, Esq. (SBN 98140) court
KORB LAW OFFICES Filed In The District Co
6 |] 1563 Solano Ave. Ste. 441 of Travis County, Texas
Berkeley, CA 94707
7 || Telephone: G19) 524-0903
Facsimile: (510
¢ } 705-1693
il: orb@comecast.net =
° DACMWAA-6 1647 [414 7%
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ALAMEDA
12
13 || ALLMED SYSTEMS, INC. dba LISA } Case No.: VG09488663
LASER USA, INC., AND LISA LASER
44 || PRODUCTS, OHG, 3 JUDGMENT ON SPECIAL VERDICT
13 Plaintiffs, )
6 vs. )
Noten se rier vomegen gry | Mone
17 || HEALTHTRONICS, INC. AND DOES 1 2 _.
through 20, inclusive, } Disp code; (op LS b/2
18 Redact pgs:
Defendant Woy |
19 Judge__ VOU Clerk, eo
20 )
Judgment is hereby entered on the Special Verdict Form on the Complaint and a true and
correct copy is attached hereto as Exhibit A, as follows:
IT IS ADJUDGED that Plaintiffs ALLMED SYSTEMS, INC. dba LISA LASER USA,
24
INC,, AND LISA LASER PRODUCTS, OHG, recover judgment on their breach of contract
25
claim in the amount of Seven Million Six Hundred Forty-Seven Thousand Three Hundred Forty-
002534561
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Five Dollars ($7,647,345.00) and on their intentional and negligent misrepresentation claims in
the amount of Nine Million Two Hundred Sixty Three Thousand Three Hundred Forty-Five
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Judgment on Special Verdict
116
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De BK12159 PG2421
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Dollars ($9,263,345.00), Plaintiffs shall recover judgment in the total amount of Nine Million
Two Hundred Sixty Three Thousand Three Hundred Forty-Five Dollars ($9,263,345.00) against
Defendants Healthtronics, Inc.
IT IS FURTHER ADJUDGED that, the Court having entered a directed verdict in favor
of Defendant Healthtronics, Inc. on Plaintiffs’ claims for breach of oral contract and intentional
interference with prospective economic advantage, Plaintiffs ALLMED SYSTEMS, INC. dba
LISA LASER USA, INC., AND LISA LASER PRODUCTS, OHG take nothing on those claims
and judgment on those claims is hereby entered in favor of HEALTHTRONICS, INC.
IT IS FURTHER ADJUDGED that Plaintiffs ALLMED SYSTEMS, INC. dba LISA
LASER USA, INC., AND LISA LASER PRODUCTS, OHG take nothing on their claims for
injunctive and restitutionary relief under Business & Professions Code Section 17200, et. seq.
IT IS FURTHER ADJUDGED that Defendant HEALTHTRONICS, INC, recover
nothing on its Cross Complaint against Plaintiffs/Cross-Defendants ALLMED SYSTEMS, INC.
dba LISA LASER USA, INC., AND LISA LASER PRODUCTS, OHG. The special verdict
form is attached hereto as Exhibit B.
IT IS FURTHER ADJUDGED that, the Court having entered a directed verdict in favor
of Plaintiffs ALLMED SYSTEMS, INC. dba LISA LASER USA, INC., AND LISA LASER
PRODUCTS, OHG on HEALTHTRONICS’ claims for intentional interference with prospective
economic advantage and intentional and negligent interference with contract
HEALTHTRONICS, INC. take nothing on those claims, and judgment on those claims is hereby
entered in favor of Plaintiffs ALLMED SYSTEMS, INC. dba LISA LASER USA, INC., AND
LISA LASER PRODUCTS, OHG.
Attorneys’ fees and costs are awarded to Plaintiffs as the prevailing party on the
Complaint and the Cross-Complaint as follows:
J. Gary Gwilliam, Randall E. Strauss and Jayme L. Burns of Gwilliam, Ivary, Chiosso Cavalli &
Brewer are awarded $1,239,490.00.
Richard E. Korb of Korb Law Offices is awarded $506,250.00.
Total Attorneys’ fees are awarded in the amount of $1,745,740.00.
Judgment on Special Verdict
220
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De BK12159 PG2422
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Costs are awarded pursuant to Code of Civil Procedure 1032 and 1033.5 in an amount to
be determined.
Interest is awarded on the entire judgment in the amount of 10% per annum from the date
of the verdict, November 4, 2011.
Dated: Uf » 201
Robert McGuiness
Judge of the Superior Court
126203 a
The foregoing instruments are
Correct copies of the original 9.
on file in this office. .
ATES. JUN 04 2012
Judgment on Special Verdict
3De BK12159 PG2423
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VERDICT FORM
f-oY-{f
Breach of Contract [Vf 300]
1. Did Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lise Laser OHG and
Healthtronics enter into a contract?
No
2. id Allmed Systems, Inc, d.b.a. Lisa Lasp USA and Lisa Laser OHG do
all,\gr substantially all, of the significapf'things that the contract required it
to do
3. .Ai.b.a, Lisa Laser USA and Lisa Laser OHG
excused from ha’ all, or substantially all, of the significant things
that the contract reqdy
Yes
4. ere required for Healthtronics’
5. if Healthtronics fail to do something that th contract required it to do?
Yes No
Was Allmed Systems, Inc. d.b.a, Lisa Laser USA and Kisa Laser OHG
harmed by that failure?
Yes No
If you answered “Yes” to questions 1 through 6, you can set forth the amount of
the damages for Breach of Contract Verdict Form (question 44).
Breach of Covenant of Good FaithAnd Fair Dealing [CACTI 325]
7. Did Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG and
Healthtronics enter into a contract?
iD Yes No
EXHIBIT_ADe BK12159 PG2424
8. Did Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG do
all or substantially all of the significant things the contract required it to
do, or were they excused from doing those things?
is Yes No
9, Did all conditions occur that were required for Healthtronics performance?
( 2 ves No
10. Did the defendant Healthtronics unfairly interfere with plaintiffs Allmed
Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG’s right to
receive benefits under the contract?
Zz Yes 1d No
ll. Was Ailmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG
harmed by Healthtronics conduct?
4 Yes 3 No
If you answered “Yes” to questions 7 through 11, you can set forth the amount of
the damages for Breach of the Implied Covenant of Good Faith and Fair
Dealing Verdict Form (questions 45).
Intentional Misrepresentation [Vf 1900}
12, Did the defendant Healthtronics knowingly make a false representation of
an important fact or make such a representation recklessly without regard
to the truth?
-F_ Yes 3 No
If your answer to question 12 is yes, then answer question 13. If you answered no, stop
here, and go on Concealment.
13. Did defendant Healthtronics intend that the plaintiffs Allmed Systems,
Inc. d.b.a, Lisa Laser USA and Lisa Laser OHG rely on the
representation?
ll Yes \ No
If your answer to question 13 is yes, then answer question 14. If you answered no, stop
here, and go on Concealment.De BK12159 PG2425
14. ‘Did the plaintiffs Allmed Systems, Inc. d.b.a, Lisa Laser USA and Lisa
Laser OHG reasonably rely upon the representation?
12 Yes No
If your answer to question 14 is yes, then answer question 15, If you answered no, stop
here, and go on Concealment,
15. Was Alimed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG’s
reliance on the representation a substantial factor in causing harm to
Allmed?
10 Yes 2 No
If you answered “Yes” to question 15, you can set forth the amount of the
damages for Intentional Misrepresentation Verdict Form (question 46).
Concealment [Vf 1901}
16. Did the defendant Healthtronics intentionally fail to disclose an important
fact that Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG
did not know and could not reasonably have discovered?
4 Yes 3 No
If your answer to question 16 is yes, then answer question 17. If you answered no, stop
here, and go on to False Promise.
17. Did the defendant Healthtronics intend to deceive Allmed Systems, Inc.
d.b.a, Lisa Laser USA and Lisa Laser OHG by concealing such fact or
facts?
G ves_ 3 wo
If your answer to question 17 is yes, then answer question 18. If you answered no, stop
here, and go on to False Promise.. De BK12159 PG2426
18. Did Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser ONG rely
on Healthtronics’ deception and was such reliance reasonable under the
circumstances?
4 Yes 3No
If your answer to question 18 is yes, then answer question 19. If you answered no, stop
here, and go on to False Promise.
19. Was Healthtronics’ concealment a substantial factor in causing harm to
Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG?
. 3 Yes q No
Tf you answered “Yes” to question 19, you can set forth the amount of the
damages for Concealment Verdict Form (questions 47).
False Promise [Vf 1902]
20. Did defendant Healthtronics make a promise to Allmed Systems, Inc,
d.b.a, Lisa Laser USA and Lisa Laser OHG that was important to the
transaction?
12 Yes gD No
If your answer to question 20-is yes, then answer question 21. If you answered no, stop
here, and go on to Negligent Misrepresentation.
21. Did Healthtronics intend to perform the promise when they made it?
(2 Yes g No
If your answer to question 21 is no, then answer question 22. If you answered yes, stop
here, and go to Negligent Misrepresentation.
22, Did defendant Healthtronics intend that Allmed Systems, Inc. d.b.a, Lisa
Laser USA and Lisa Laser OHS tely on its promise?
NM CN
If your answer to question 22 is yes, then answer question 23. If you answered no, stop
here, and go on to Negligent Misrepresentation,De BK12159 PG2427
23. Did the plaintiffs Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa
Laser OHG reasonably rely on this promise?
IN K Yes N No
Jf your answer to question 23 is yes, then answer question 24. If you answered no, stop
here, and go on to Negligent Misrepresentation
24. Did the defendant Healthtronics perform the promised act?
Ni Yes via. No
If your answer to question 24 is no, then answer question 25. If you answered yes, stop
here, and go on to Negligent Misrepresentation.
25. Was Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG’s
reliance on the promise a substantial factor in causing harm to plaintiff?
uk Yes WI x No
If you answered “Yes” to question 25, you can set forth the amount of the
damages for False Promise Verdict Form (questions 48).
Negligent Misrepresentation [Vf 1903}
26. Did Healthtronics make a false representation of important fact to Allmed
Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG?
4 Yes 3 No
If your answer to question 26 is yes, then answer question 27. If you answered no, stop
here, and go on to Punitive Damages,
27. Did Healthtronics honestly believe that the representation was true when
they made it?
a
(2 Yes o _No
If your answer to question 27 is yes, then answer question 28. If you answered no, stop
here, and go on to Punitive Damages.De BK12159 PG2428
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Damages on Multiple Legal Theories [Vf 3920]
44,
45.
46.
47.
48.
49.
124993 w5
Enter the amount below that Healthtronics is liable to Allmed Systems,
Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG under the breach of
contract (Questions | through 6).
$F 644, 4S
Enter the amount below that Healthtronics is liable to Allmed Systems,
Inc, d.b,a, Lisa Laser USA and Lisa Laser OHG under the breach of
covenant of good faith and fair dealing (Questions 7 through 11).
$
Enter the amount that Healthtronics is liable to Allmed Systems, Inc. d.b.a.
Lisa Laser USA and Lisa Laser OHG under the theory of intentional
misrepresentation (Questions 12 through 15).
$9,263, 34S
Enter the amount you find that Healthtronics is liable to Allmed Systems,
Inc. d.b.a, Lisa Laser USA and Lisa Laser OHG under the legal theory of
concealment (Questions 16 through 19).
$
Enter the amount you find that Healthtronics is liable to Allmed Systems,
Inc, d.b.a. Lisa Laser USA and Lisa Laser OHG under the theory of false
promise (Questions 20 through 25).
$
Enter the amount you find Healthtronics is liable to Allmed Systems, Inc.
d.b.a. Lisa Laser USA and Lisa Laser OHG under the theory of negligent
misrepresentation (Questions 26 through 31).
$.W2p3,.345
TOTAL DAMAGES $ IVES MT
{ti ote —
[-OY-\\De BK12159 PG2429
Breach of Contract, [Vf 300]
I|-O4-I]
1. Did Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG and
Healthtronics enter into a contract?
2. Yes g No
If your answer to question 1 is yes, then answer question 2. If you answered no,
stop here, and go on to Breach Covenant of Good Faith and Fair Dealing.
2. Did Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG do
all, or substantially all, of the significant things that the contract required it
to do?
\Z Yes p No
If your answer to question 2 is yes, then skip question 3 and answer question 4, If
you answered no, answer question 3.
3. Was Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser ONG
excused from having to do all, or substantially all, of the significant things
that the contract required it to do?
wil Yes Wie, No
If your answer to question 3 is yes, then answer question 4. If you answered no,
stop here, and go on to Breach Covenant of Good Faith and Fair Dealing.
4. Did all the conditions occur that were required for Healthtronics’
performance?
| 2. Yes GO No
If your answer to question 4 is yes, then answer question 5. If you answered no,
stop here, and go on to Breach Covenant of Good Faith and Fair Dealing.
nO
5. Did Healthtronics fail to do something thai the contract required it to do?
10 yes__ 2 _No
If your answer to question 5 is yes? then answer question 6. If you answered no,
stop here, and go on to Breach Covenant of Good Faith and Fair Dealing.
EXHIBIT__BDe BK12159 PG2430
6. Was Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG
harmed by that failure?
(0 Yes % No
If you answered “Yes” to question 6, you can set forth the amount of the damages
for Breach of Contract Verdict Form (question 44),
I|-o%-l/re De BK12159 PG2431
YERDICT FORM - CROSS COMPLAINT
Breach of Contract. [Vf 300]
lL Did Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG and
Healthtronics enter into a contract?
\2. ‘Yes @ No
Tf your answer to question 1 is yes, then answer question 2. If you answered no,
stop
here, answer no further questions,
and have the presiding juror sign and date this form.
2. Did HealthTronics do all, or substantially all, of the ‘significant things that
the contract required it to do, or was it excused from doing so?
2 Yes IO No
If your answer to question 2 is yes, then skip
question 3 and answer question 4. If you
answered no, answer question 3.
3. Was HealthTronics excused from having to do all, or substantially all, of the
significant things that the contract required it to do?
Yes_ !2 No
If your answer to question 3 is yes, then answer question 4. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
4. Did all the conditions occur that were required for Allmed Systems, Inc.
d.b.2. Lisa Laser USA and Lisa Laser OHG’s performance?
Yes N»
If your answer to question 4 is yes, then answer question S. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
5. Did Allmed Systems, Inc. d.b.a. Lisa Laser USA or Lisa Laser OHG fail to
do something that the contract required them to do?
Yes __.No
If your answer to question S is yes, then answer question 6. If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form
6. Was HealthTronics harmed by that failure?
Yes NoDc BK12159 PG2432
. Tf your answer to question 6 is yes, then answer question 7, If you answered no, stop
here, answer no further questions, and have the presiding juror sign and date this form.
7. What are HealthTronic’s damages?
»
Signed: _
Presiding Juror
Dated: | “ON ll —_De BK12159 PG2433
CLERK’S CERTIFICATE OF SERVICE BY MAIL
CASE NAME: ALLMED SYTEMS, INC., et al vs. HEALTHTRONICS, INC,, et al
ACTION NO.: HG10-502027
Tam a Deputy Clerk employed by the Alameda County Superior Court. I am over the age
of 18 years. My business address is 1221 Oak Street, Oakland, California. I served the
JUDGMENT ON SPECIAL VERDICT by placing copies in envelopes addressed as
shown below and then by sealing and placing them for collection, stamping or metering
with prepaid postage, and mailing on the date stated below, in the United States mail at
Alameda County, California, following standard court practices.
J. Gary Gwilliam Andrew T. Mort, Esq.
Gwilliam, Ivary, Chiosso, Cavalli & Brewer Glynn & Finley, LLP
1999 Harrison St., Ste. 1600 One Walnut Creek Center
Oakland, CA 94612 100 Pringle Avenue, Suite 500
Walnut Creek, CA 94596
Richard E. Korb, Esq. Breck Harrison, Esq.
Korb Law Offices Jackson Walker. LLP
1563 Solano Avenue, Suite 441 100 Congress Avenue, Suite 1100
Berkeley, CA 94707 Austin, TX 78701
I declare under penalty of perjury that the following is true and correct
Executed on February 10,2012 at Oakland, California.
Pat Sweeten
Executive Officer/Clerk of the Superior Court
By Mihonde- yl _
Miranda Edgerly, Deputf Clerk,
Preview
De BK12159 PG2420 J. GARY GWILLIAM (SBN 33430) FILED ! | RANDALL E. STRAUSS (SBN 168363) ALAMEDA GOUNTY ‘William, vary, 10SSO0. avalll rewer 2 || 1999 Harrison St. Ste. 1600 FEB 09 2012 Oakland, CA 94612 3 || Telephone: 510-832-5411 CLERK OF THE SUPERIOR COURT Facsimile: 510-832-1918 py Hhenend 4 ||Email: ggwilliam@giccb.com D 5 | RICHARD E. KORB, Esq. (SBN 98140) court KORB LAW OFFICES Filed In The District Co 6 |] 1563 Solano Ave. Ste. 441 of Travis County, Texas Berkeley, CA 94707 7 || Telephone: G19) 524-0903 Facsimile: (510 ¢ } 705-1693 il: orb@comecast.net = ° DACMWAA-6 1647 [414 7% SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA 12 13 || ALLMED SYSTEMS, INC. dba LISA } Case No.: VG09488663 LASER USA, INC., AND LISA LASER 44 || PRODUCTS, OHG, 3 JUDGMENT ON SPECIAL VERDICT 13 Plaintiffs, ) 6 vs. ) Noten se rier vomegen gry | Mone 17 || HEALTHTRONICS, INC. AND DOES 1 2 _. through 20, inclusive, } Disp code; (op LS b/2 18 Redact pgs: Defendant Woy | 19 Judge__ VOU Clerk, eo 20 ) Judgment is hereby entered on the Special Verdict Form on the Complaint and a true and correct copy is attached hereto as Exhibit A, as follows: IT IS ADJUDGED that Plaintiffs ALLMED SYSTEMS, INC. dba LISA LASER USA, 24 INC,, AND LISA LASER PRODUCTS, OHG, recover judgment on their breach of contract 25 claim in the amount of Seven Million Six Hundred Forty-Seven Thousand Three Hundred Forty- 002534561 26 Five Dollars ($7,647,345.00) and on their intentional and negligent misrepresentation claims in the amount of Nine Million Two Hundred Sixty Three Thousand Three Hundred Forty-Five 27 Judgment on Special Verdict 116 17 18 19 20 21 22 23 24 25 26 27 28 De BK12159 PG2421 e e Dollars ($9,263,345.00), Plaintiffs shall recover judgment in the total amount of Nine Million Two Hundred Sixty Three Thousand Three Hundred Forty-Five Dollars ($9,263,345.00) against Defendants Healthtronics, Inc. IT IS FURTHER ADJUDGED that, the Court having entered a directed verdict in favor of Defendant Healthtronics, Inc. on Plaintiffs’ claims for breach of oral contract and intentional interference with prospective economic advantage, Plaintiffs ALLMED SYSTEMS, INC. dba LISA LASER USA, INC., AND LISA LASER PRODUCTS, OHG take nothing on those claims and judgment on those claims is hereby entered in favor of HEALTHTRONICS, INC. IT IS FURTHER ADJUDGED that Plaintiffs ALLMED SYSTEMS, INC. dba LISA LASER USA, INC., AND LISA LASER PRODUCTS, OHG take nothing on their claims for injunctive and restitutionary relief under Business & Professions Code Section 17200, et. seq. IT IS FURTHER ADJUDGED that Defendant HEALTHTRONICS, INC, recover nothing on its Cross Complaint against Plaintiffs/Cross-Defendants ALLMED SYSTEMS, INC. dba LISA LASER USA, INC., AND LISA LASER PRODUCTS, OHG. The special verdict form is attached hereto as Exhibit B. IT IS FURTHER ADJUDGED that, the Court having entered a directed verdict in favor of Plaintiffs ALLMED SYSTEMS, INC. dba LISA LASER USA, INC., AND LISA LASER PRODUCTS, OHG on HEALTHTRONICS’ claims for intentional interference with prospective economic advantage and intentional and negligent interference with contract HEALTHTRONICS, INC. take nothing on those claims, and judgment on those claims is hereby entered in favor of Plaintiffs ALLMED SYSTEMS, INC. dba LISA LASER USA, INC., AND LISA LASER PRODUCTS, OHG. Attorneys’ fees and costs are awarded to Plaintiffs as the prevailing party on the Complaint and the Cross-Complaint as follows: J. Gary Gwilliam, Randall E. Strauss and Jayme L. Burns of Gwilliam, Ivary, Chiosso Cavalli & Brewer are awarded $1,239,490.00. Richard E. Korb of Korb Law Offices is awarded $506,250.00. Total Attorneys’ fees are awarded in the amount of $1,745,740.00. Judgment on Special Verdict 220 21 23 24 25 26 27 28 De BK12159 PG2422 @ Costs are awarded pursuant to Code of Civil Procedure 1032 and 1033.5 in an amount to be determined. Interest is awarded on the entire judgment in the amount of 10% per annum from the date of the verdict, November 4, 2011. Dated: Uf » 201 Robert McGuiness Judge of the Superior Court 126203 a The foregoing instruments are Correct copies of the original 9. on file in this office. . ATES. JUN 04 2012 Judgment on Special Verdict 3De BK12159 PG2423 @ VERDICT FORM f-oY-{f Breach of Contract [Vf 300] 1. Did Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lise Laser OHG and Healthtronics enter into a contract? No 2. id Allmed Systems, Inc, d.b.a. Lisa Lasp USA and Lisa Laser OHG do all,\gr substantially all, of the significapf'things that the contract required it to do 3. .Ai.b.a, Lisa Laser USA and Lisa Laser OHG excused from ha’ all, or substantially all, of the significant things that the contract reqdy Yes 4. ere required for Healthtronics’ 5. if Healthtronics fail to do something that th contract required it to do? Yes No Was Allmed Systems, Inc. d.b.a, Lisa Laser USA and Kisa Laser OHG harmed by that failure? Yes No If you answered “Yes” to questions 1 through 6, you can set forth the amount of the damages for Breach of Contract Verdict Form (question 44). Breach of Covenant of Good FaithAnd Fair Dealing [CACTI 325] 7. Did Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG and Healthtronics enter into a contract? iD Yes No EXHIBIT_ADe BK12159 PG2424 8. Did Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG do all or substantially all of the significant things the contract required it to do, or were they excused from doing those things? is Yes No 9, Did all conditions occur that were required for Healthtronics performance? ( 2 ves No 10. Did the defendant Healthtronics unfairly interfere with plaintiffs Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG’s right to receive benefits under the contract? Zz Yes 1d No ll. Was Ailmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG harmed by Healthtronics conduct? 4 Yes 3 No If you answered “Yes” to questions 7 through 11, you can set forth the amount of the damages for Breach of the Implied Covenant of Good Faith and Fair Dealing Verdict Form (questions 45). Intentional Misrepresentation [Vf 1900} 12, Did the defendant Healthtronics knowingly make a false representation of an important fact or make such a representation recklessly without regard to the truth? -F_ Yes 3 No If your answer to question 12 is yes, then answer question 13. If you answered no, stop here, and go on Concealment. 13. Did defendant Healthtronics intend that the plaintiffs Allmed Systems, Inc. d.b.a, Lisa Laser USA and Lisa Laser OHG rely on the representation? ll Yes \ No If your answer to question 13 is yes, then answer question 14. If you answered no, stop here, and go on Concealment.De BK12159 PG2425 14. ‘Did the plaintiffs Allmed Systems, Inc. d.b.a, Lisa Laser USA and Lisa Laser OHG reasonably rely upon the representation? 12 Yes No If your answer to question 14 is yes, then answer question 15, If you answered no, stop here, and go on Concealment, 15. Was Alimed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG’s reliance on the representation a substantial factor in causing harm to Allmed? 10 Yes 2 No If you answered “Yes” to question 15, you can set forth the amount of the damages for Intentional Misrepresentation Verdict Form (question 46). Concealment [Vf 1901} 16. Did the defendant Healthtronics intentionally fail to disclose an important fact that Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG did not know and could not reasonably have discovered? 4 Yes 3 No If your answer to question 16 is yes, then answer question 17. If you answered no, stop here, and go on to False Promise. 17. Did the defendant Healthtronics intend to deceive Allmed Systems, Inc. d.b.a, Lisa Laser USA and Lisa Laser OHG by concealing such fact or facts? G ves_ 3 wo If your answer to question 17 is yes, then answer question 18. If you answered no, stop here, and go on to False Promise.. De BK12159 PG2426 18. Did Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser ONG rely on Healthtronics’ deception and was such reliance reasonable under the circumstances? 4 Yes 3No If your answer to question 18 is yes, then answer question 19. If you answered no, stop here, and go on to False Promise. 19. Was Healthtronics’ concealment a substantial factor in causing harm to Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG? . 3 Yes q No Tf you answered “Yes” to question 19, you can set forth the amount of the damages for Concealment Verdict Form (questions 47). False Promise [Vf 1902] 20. Did defendant Healthtronics make a promise to Allmed Systems, Inc, d.b.a, Lisa Laser USA and Lisa Laser OHG that was important to the transaction? 12 Yes gD No If your answer to question 20-is yes, then answer question 21. If you answered no, stop here, and go on to Negligent Misrepresentation. 21. Did Healthtronics intend to perform the promise when they made it? (2 Yes g No If your answer to question 21 is no, then answer question 22. If you answered yes, stop here, and go to Negligent Misrepresentation. 22, Did defendant Healthtronics intend that Allmed Systems, Inc. d.b.a, Lisa Laser USA and Lisa Laser OHS tely on its promise? NM CN If your answer to question 22 is yes, then answer question 23. If you answered no, stop here, and go on to Negligent Misrepresentation,De BK12159 PG2427 23. Did the plaintiffs Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG reasonably rely on this promise? IN K Yes N No Jf your answer to question 23 is yes, then answer question 24. If you answered no, stop here, and go on to Negligent Misrepresentation 24. Did the defendant Healthtronics perform the promised act? Ni Yes via. No If your answer to question 24 is no, then answer question 25. If you answered yes, stop here, and go on to Negligent Misrepresentation. 25. Was Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG’s reliance on the promise a substantial factor in causing harm to plaintiff? uk Yes WI x No If you answered “Yes” to question 25, you can set forth the amount of the damages for False Promise Verdict Form (questions 48). Negligent Misrepresentation [Vf 1903} 26. Did Healthtronics make a false representation of important fact to Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG? 4 Yes 3 No If your answer to question 26 is yes, then answer question 27. If you answered no, stop here, and go on to Punitive Damages, 27. Did Healthtronics honestly believe that the representation was true when they made it? a (2 Yes o _No If your answer to question 27 is yes, then answer question 28. If you answered no, stop here, and go on to Punitive Damages.De BK12159 PG2428 @ Damages on Multiple Legal Theories [Vf 3920] 44, 45. 46. 47. 48. 49. 124993 w5 Enter the amount below that Healthtronics is liable to Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG under the breach of contract (Questions | through 6). $F 644, 4S Enter the amount below that Healthtronics is liable to Allmed Systems, Inc, d.b,a, Lisa Laser USA and Lisa Laser OHG under the breach of covenant of good faith and fair dealing (Questions 7 through 11). $ Enter the amount that Healthtronics is liable to Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG under the theory of intentional misrepresentation (Questions 12 through 15). $9,263, 34S Enter the amount you find that Healthtronics is liable to Allmed Systems, Inc. d.b.a, Lisa Laser USA and Lisa Laser OHG under the legal theory of concealment (Questions 16 through 19). $ Enter the amount you find that Healthtronics is liable to Allmed Systems, Inc, d.b.a. Lisa Laser USA and Lisa Laser OHG under the theory of false promise (Questions 20 through 25). $ Enter the amount you find Healthtronics is liable to Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG under the theory of negligent misrepresentation (Questions 26 through 31). $.W2p3,.345 TOTAL DAMAGES $ IVES MT {ti ote — [-OY-\\De BK12159 PG2429 Breach of Contract, [Vf 300] I|-O4-I] 1. Did Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG and Healthtronics enter into a contract? 2. Yes g No If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, and go on to Breach Covenant of Good Faith and Fair Dealing. 2. Did Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG do all, or substantially all, of the significant things that the contract required it to do? \Z Yes p No If your answer to question 2 is yes, then skip question 3 and answer question 4, If you answered no, answer question 3. 3. Was Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser ONG excused from having to do all, or substantially all, of the significant things that the contract required it to do? wil Yes Wie, No If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, and go on to Breach Covenant of Good Faith and Fair Dealing. 4. Did all the conditions occur that were required for Healthtronics’ performance? | 2. Yes GO No If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, and go on to Breach Covenant of Good Faith and Fair Dealing. nO 5. Did Healthtronics fail to do something thai the contract required it to do? 10 yes__ 2 _No If your answer to question 5 is yes? then answer question 6. If you answered no, stop here, and go on to Breach Covenant of Good Faith and Fair Dealing. EXHIBIT__BDe BK12159 PG2430 6. Was Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG harmed by that failure? (0 Yes % No If you answered “Yes” to question 6, you can set forth the amount of the damages for Breach of Contract Verdict Form (question 44), I|-o%-l/re De BK12159 PG2431 YERDICT FORM - CROSS COMPLAINT Breach of Contract. [Vf 300] lL Did Allmed Systems, Inc. d.b.a. Lisa Laser USA and Lisa Laser OHG and Healthtronics enter into a contract? \2. ‘Yes @ No Tf your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 2. Did HealthTronics do all, or substantially all, of the ‘significant things that the contract required it to do, or was it excused from doing so? 2 Yes IO No If your answer to question 2 is yes, then skip question 3 and answer question 4. If you answered no, answer question 3. 3. Was HealthTronics excused from having to do all, or substantially all, of the significant things that the contract required it to do? Yes_ !2 No If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 4. Did all the conditions occur that were required for Allmed Systems, Inc. d.b.2. Lisa Laser USA and Lisa Laser OHG’s performance? Yes N» If your answer to question 4 is yes, then answer question S. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 5. Did Allmed Systems, Inc. d.b.a. Lisa Laser USA or Lisa Laser OHG fail to do something that the contract required them to do? Yes __.No If your answer to question S is yes, then answer question 6. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form 6. Was HealthTronics harmed by that failure? Yes NoDc BK12159 PG2432 . Tf your answer to question 6 is yes, then answer question 7, If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 7. What are HealthTronic’s damages? » Signed: _ Presiding Juror Dated: | “ON ll —_De BK12159 PG2433 CLERK’S CERTIFICATE OF SERVICE BY MAIL CASE NAME: ALLMED SYTEMS, INC., et al vs. HEALTHTRONICS, INC,, et al ACTION NO.: HG10-502027 Tam a Deputy Clerk employed by the Alameda County Superior Court. I am over the age of 18 years. My business address is 1221 Oak Street, Oakland, California. I served the JUDGMENT ON SPECIAL VERDICT by placing copies in envelopes addressed as shown below and then by sealing and placing them for collection, stamping or metering with prepaid postage, and mailing on the date stated below, in the United States mail at Alameda County, California, following standard court practices. J. Gary Gwilliam Andrew T. Mort, Esq. Gwilliam, Ivary, Chiosso, Cavalli & Brewer Glynn & Finley, LLP 1999 Harrison St., Ste. 1600 One Walnut Creek Center Oakland, CA 94612 100 Pringle Avenue, Suite 500 Walnut Creek, CA 94596 Richard E. Korb, Esq. Breck Harrison, Esq. Korb Law Offices Jackson Walker. LLP 1563 Solano Avenue, Suite 441 100 Congress Avenue, Suite 1100 Berkeley, CA 94707 Austin, TX 78701 I declare under penalty of perjury that the following is true and correct Executed on February 10,2012 at Oakland, California. Pat Sweeten Executive Officer/Clerk of the Superior Court By Mihonde- yl _ Miranda Edgerly, Deputf Clerk,