How to Prepare Jury Instructions

Useful Rulings on How to Prepare Jury Instructions

Recent Rulings on How to Prepare Jury Instructions

CESAR ROMERO ET AL VS BROCCA CUSTOM FINISHING CARPENTRY INC

Preliminary Issue One of the arguments raised in Plaintiffs’ motion is that Defendants violated the Court’s December 4, 2019 order by not providing joint jury instructions, exhibit lists, and witness lists. Based on the review of the electronic court file, there is no order dated December 4, 2019 with respect to jury instructions, exhibit lists, or witness lists.

  • Hearing

    Sep 21, 2020

ANN BARBER VS BRADFORD/DAVIDSON CONSTRUCTION, INC., ET AL.

There are separate jury instructions for each one of these theories of fraud or deceit. (See CACI Jury Instructions Nos. 1900–1903.) Thus, Plaintiff should plead them out separately and properly identify each cause of action. (Williams, supra, 185 Cal.App.3d at p. 139, fn. 2.)

  • Hearing

    Sep 15, 2020

  • Type

    Real Property

  • Sub Type

    other

STEPHAN ERKELENS VS KAPILA

The jury instructions are in the CACI 300 series. The elements of the implied covenant claim are set forth in CACI 325. F. The goal of contract interpretation is to ascertain the parties' mutual intent at the time of contracting. Civil Code § 1636. The mutual intent of the parties is determined by the words used in the agreement, which are to be understood in their ordinary and popular sense. Civil Code § 1644.

  • Hearing

    Sep 15, 2020

  • Type

    Contract

  • Sub Type

    Breach

HORNER VS CALIFORNIA HORSE RACING & SPORTS

The fact that there are different jury instructions for each cause of action does not mean that there are different causes of action. Plaintiff can request a premises liability instruction on a negligence cause of action, or vice-versa. The causes of action are duplicative.

  • Hearing

    Sep 14, 2020

AMBEH PICO INVESTMENTS LLC, A LIMITED LIABILITY COMPANY, ET AL. VS MB HERZOG ELECTRIC, INC., A CORPORATION, ET AL.

In so doing, the Entity Defendants do not cite any case law, but cite jury instructions—i.e., CACI No. 2021. The court finds that Plaintiff’s allegations that a fire interfering with the comfortable enjoyment of Plaintiff’s property and obstructs Plaintiff’s access to such property sufficiently pleads nuisance under section 3479. (Complaint, ¶¶ 67-69). Further, contrary to the Entity Defendants’ argument, Plaintiff alleges that Plaintiff did not consent to this invasion of its property. (Complaint, ¶ 69).

  • Hearing

    Sep 11, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

RETROVIROX INC VS THE SCRIPPS RESEARCH INSTITUTE

The jury instructions are in the CACI 300 series. C. The general rules governing contract interpretation are set forth in the California Civil Code: "[a] contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful." Civ. Code § 1636. "The language of a contract is to govern its interpretation, if the language is clear and explicit, and does not involve an absurdity." Civ. Code § 1638.

  • Hearing

    Sep 10, 2020

  • Type

    Contract

  • Sub Type

    Breach

RETROVIROX INC VS THE SCRIPPS RESEARCH INSTITUTE

The jury instructions are in the CACI 300 series. C. The general rules governing contract interpretation are set forth in the California Civil Code: "[a] contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful." Civ. Code § 1636. "The language of a contract is to govern its interpretation, if the language is clear and explicit, and does not involve an absurdity." Civ. Code § 1638.

  • Hearing

    Sep 10, 2020

  • Type

    Contract

  • Sub Type

    Breach

AM & S MANAGEMENT INC VS ALLEN

The jury instructions are in the CACI 300 series. D. A motion to strike lies either to strike any "irrelevant, false, or improper matter inserted into any pleading" or to strike any pleading or part thereof "not drawn or filed in conformity with the laws of this State, a court rule or order of court." Code Civ. Proc. § 436.

  • Hearing

    Sep 10, 2020

  • Type

    Contract

  • Sub Type

    Breach

A C A LLC VS MYRON JEPPSON HOLMSTROM

Based on these allegations, the court concluded that the “trial court did not err in ruling, on demurrer and in connection with the jury instructions, that defendants could be liable for aiding and abetting a breach of fiduciary duty even though they did not owe a fiduciary duty to AML.” (Id. at 1478, footnote omitted.)

  • Hearing

    Sep 08, 2020

RICHARD BECKER VS UNIRAC, INC, ET AL.

In Opposition, Becker argues for a different standard based on California jury instructions, contending that Melamed failed to use reasonable care to determine the truth or falsity of his statements. (Oppo. at p. 10.) “It is the province of the court to determine whether a statement is actionable as a statement of fact susceptible of a defamatory meaning, versus a nonactionable statement of opinion privileged under the First Amendment. (John Doe 2 v. Superior Court (2016) 1 Cal.App.5th 1300, 1312.)

  • Hearing

    Sep 04, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

VEAL VS CONTRA COSTA COUNTY

California Jury Instructions Nos. 2521a and 2522a describe the essential factual elements that Plaintiff must allege to state a claim for harassment: (1) that Plaintiff was an employee with Defendant; (2) that she was subjected to unwanted harassing conduct because she is black; (3) that the harassing conduct was severe or pervasive; (4) that a reasonable black person in Plaintiff’s circumstances would have considered the work environment to be hostile or abusive; (5) that Plaintiff considered the work environment

  • Hearing

    Sep 03, 2020

XERA HEALTH LLC VS SCHEELE

The jury instructions are in the CACI 300 series. 3. Request for Judicial Notice. CSVBA seeks judicial notice of numerous court records. Courts of appeal review a trial court's ruling granting a request for judicial notice pursuant to the abuse of discretion standard of review. (In re Social Services Payment Cases (2008) 166 Cal.App.4th 1249, 1271.)

  • Hearing

    Sep 03, 2020

  • Type

    Contract

  • Sub Type

    Breach

XERA HEALTH LLC VS SCHEELE

The jury instructions are in the CACI 300 series. 3. Request for Judicial Notice. CSVBA seeks judicial notice of numerous court records. Courts of appeal review a trial court's ruling granting a request for judicial notice pursuant to the abuse of discretion standard of review. (In re Social Services Payment Cases (2008) 166 Cal.App.4th 1249, 1271.)

  • Hearing

    Sep 03, 2020

  • Type

    Contract

  • Sub Type

    Breach

RICHARD BECKER VS UNIRAC, INC, ET AL.

In Opposition, Becker argues for a different standard based on California jury instructions, contending that Melamed failed to use reasonable care to determine the truth or falsity of his statements. (Oppo. at p. 10.) “It is the province of the court to determine whether a statement is actionable as a statement of fact susceptible of a defamatory meaning, versus a nonactionable statement of opinion privileged under the First Amendment. (John Doe 2 v. Superior Court (2016) 1 Cal.App.5th 1300, 1312.)

  • Hearing

    Sep 03, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

KENNETH L. CREAL; ET AL VS AMITISS NASIRI; ET AL

instructions may be proposed; no new motions in limine may be filed and existing motions in limine may not be opposed if not already done so.”

  • Hearing

    Sep 01, 2020

JPL MANAGEMENT, LLC, ET AL. VS THE REEVESBURY TRUST, DATED MAY 16, 2017, ET AL.

(Compare Judicial Council of California Civil Jury Instructions (2020) CACI No. 1900 -misrepresentation fact and No. 1902 – false promise.) Finally, Defendants argue Plaintiffs’ fraud claims are based on the exact same conduct as the breach of contract claims, and a breach of contract can only be tortious if it violates a duty independent of the contract. Defendants are essentially arguing the economic loss rule.

  • Hearing

    Sep 01, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge

    H. Jay Ford

  • County

    Los Angeles County, CA

JAMILAH ABDUL-HAQQ VS MICHAEL MILLER SAN JOAQUIN COUNTY HUMAN SERVICES DIRECTOR

California Civil Jury Instructions, CACI, No. 200. Stated another way, preponderance of the evidence means “that the evidence on one side outweighs, preponderates over, is more than, the evidence on the other side, not necessarily in number of witnesses or quantity, but in its effect on those to whom it is addressed”. Glage v. Hawes Firearms Co. (1990) 226 CA3d 314, 325. Preponderance of the evidence also refers to evidence that has more convincing force than that opposed to it.

  • Hearing

    Sep 01, 2020

MICHAEL FERRY V. CALIFORNIA OVERNIGHT, INC. ET AL.

The appellate court then spoke to legal matters such as the propriety of jury instructions issued. It did not declare that ONTRAC’s drivers are independent contractors as a matter of law. ONTRAC also offers a handful of decisions from various legal entities finding its drivers independent contractors but none of these bind the court or persuade. S.G. Borello & Sons, Inc. v.

  • Hearing

    Aug 31, 2020

PEOPLE V. MHC PONDEROSA, L.P.

The jury will have no clue whatsoever from jury instructions VF-3500 and VF-3501 to reduce or eliminate the award for loss of goodwill where the jury awards costs to cure damage as just compensation. In any event, goodwill loss evidence is not even submitted to the jury, unless the court is convinced that MHC Ponderosa has established with sufficient evidence of all statutory preconditions to an award for loss of goodwill.

  • Hearing

    Aug 28, 2020

HECTOR DELGADO VS LA CITY CAB, LLC, ET AL.

The Alternative Request for Jury Instructions at Trial is DENIED WITHOUT PREJUDICE as Being Premature. The court issues a LIMITED EVIDENTIARY SANCTION that defendants cannot use the missing video or data, should they become available at a later date, absent a court order and showing of good cause, and that should such data or video become available, it should be produced to the plaintiff’s counsel immediately.

  • Hearing

    Aug 27, 2020

RONDA BROOMBAUGH V. RONALD RITTER

Third Cause of Action - Intentional Tort In support of the demurrer to the third cause of action, Defendant relies on CACI No. 1320, under the jury instructions for assault and battery claims. The “Directions for Use” included with the instruction state it may be used to define intent for other intentional torts as well.

  • Hearing

    Aug 27, 2020

JOHN MILLER, ET AL. VS MARTIN D. GROSS, ET AL.

Jury instructions will prevent windfall or double recovery. Defendant is to answer the remaining allegations in the 2AC within 10 days.

  • Hearing

    Aug 26, 2020

ANNETTE RUBIN V. FREDERICK A. ASPENLIETER, ET AL.

In its discussion of Rubin’s claim that the trial court had erred in imposing sanctions under Section 8800, the Court of Appeal dismissed her contention that the trial court had usurped the jury’s function by finding bad faith, finding that based upon the jury instructions given, the jury would not have found for Aspen had it concluded Rubin withheld payment in good faith.

  • Hearing

    Aug 24, 2020

REBECCA DALY VS. AURORA VISTA DEL MAR LLC

Third, given the lack of any significant factual link between Samantha B. case and Plaintiff Day's action, there do not appear to be any basis for drawing inferences that the jury pool is so tainted that any potential bias could not be satisfactorily addressed in voir dire and the Court's jury instructions. CASE TITLE: DALY VS.

  • Hearing

    Aug 24, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

PATRICIA E KENNEDY ET AL VS CITY OF GLENDALE ET AL

While Plaintiff has suffered serious injuries, any potential prejudice can be alleviated through jury instructions. The Court is not persuaded that, based on the facts at issue here, the jury will disregard the Court’s instructions and make its ruling on liability based on sympathy instead of the Court’s instructions.

  • Hearing

    Aug 21, 2020

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