LESLIE GOULD, ET AL VS. JOEL D. KETTLER, ET AL

Case No.: LC101909    

Tentative for this afternoon’s hearing:

The parties disagree about whether the Court should instruct the jury with CACI instructions nos. 405 and 406, or some modified versions thereof, entitled “Comparative Fault of Plaintiff” and “Apportionment of Responsibility,” respectively. For the reasons explained below, the Court finds that giving such instructions in this case would be error and, thus, denies the request of Cross-Defendants Leslie Gould and Susan Gould that such instructions be given, whether in the form previously drafted by the Court or otherwise.

The California Supreme Court ruled in B.B. v. County of Los Angeles (2020) 10 Cal. 5th 1, that “California principles of comparative fault have never required or authorized the reduction of an intentional tortfeasor’s liability based on the acts of others” and made clear that these principles apply to any acts of the plaintiff or of other defendants. (Id., at pp. 18-21, 24.)

All clai........