Opinion
Case No.: 11-CV-4569-LHK
05-12-2013
ALMA BURRELL, Plaintiffs, v. COUNTY OF SANTA CLARA, Defendant.
ORDER RE: DEFENDANT'S
OBJECTION TO THE VERDICT FORM
On May 11, 2013, Defendant County of Santa Clara filed an Objection to the Verdict Form, ECF No. 164. Plaintiff has not filed any response.
In response to Defendant's objection, the Court proposes adding the following jury instruction No. 23, quoting language from Roby v. McKesson Corp., 47 Cal. 4th 686, 702, 219 P.3d 749, 758 (2009) (quoting Tavaglione v. Billings, 4 Cal. 4th 1150, 1158-1159, 17 Cal. Rptr. 2d 608, 847 P.2d 574 (1993)):
Double or duplicative recovery for the same items of damage amounts to overcompensation and is therefore prohibited. In contrast, where separate items of compensable damage are shown by distinct and independent evidence, the plaintiff is entitled to recover the entire amount of her damages for each cause of action.
The parties shall file any objections to this proposed language, or any alternative proposed instructions, by 5:00 p.m., May 12, 2013.
IT IS SO ORDERED.
____________________________
LUCY H. KOH
United States Dstrict Judge