McHale v. Silicon Valley Law Group
Filing
228
Court's Proposed Verdict Form. Signed by Judge Joseph C. Spero on September 12, 2013. (jcslc2, COURT STAFF) (Filed on 9/12/2013)
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UNITED STATES D
D
DISTRICT C
COURT
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NORTHER DISTRIC OF CALI
RN
CT
IFORNIA
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GERARD A MCHALE,
G
M
Case No. 1
10-cv-04864
4-JCS
Plaintiff,
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v.
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SI
ILICON VA
ALLEY LAW GROUP,
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Defendant.
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United States District Court
Northern District of California
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COURT’S PROPOSED VERDIC FORM
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P
D
CT
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ated: Septem
mber 12, 2013
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Da
___
__________
___________
__________
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JO
OSEPH C. SP
PERO
Un
nited States M
Magistrate Ju
udge
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We, the jury, unanimously agree to the answers to the following questions and return them
under the instructions of this Court as our verdict in this case.
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1. Do you find that Plaintiff GERARD A. McHALE, P.A., TRUSTEE OF THE 1031
DEBTORS LIQUIDATING TRUST (the “BANKRUPTCY TRUSTEE”), has proved
by the preponderance of the evidence that SILICON VALLEY LAW GROUP was
negligent?
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_____ Yes
_____ No
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United States District Court
Northern District of California
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If your answer to Question 1 is “Yes,” please answer Question 2. If your answer to
Question 1 is “No,” do not answer any further questions. Please have the Jury Foreperson sign
and date this Verdict Form and return it to Ms. Karen Hom.
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2. Do you find that BANKRUPTCY TRUSTEE has proved by a preponderance of the
evidence that SILICON VALLEY LAW GROUP’s negligence was a substantial
factor in causing harm to 1031 Advance?
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_____ Yes
_____ No
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United States District Court
Northern District of California
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If your answer to Question 2 is “Yes,” please answer Question 3. If your answer to
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Question 2 is “No,” do not answer any further questions. Please have the Jury Foreperson sign
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and date this Verdict Form and return it to Ms. Karen Hom.
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3. Do you find that SILICON VALLEY LAW GROUP has proved by a preponderance
of the evidence that the criminal conduct of Edward Okun was a superseding cause of
1031 Advance’s damage?
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_____ Yes
_____ No
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United States District Court
Northern District of California
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If your answer to Question 3 is “No,” please answer Question 4. If your answer to Question
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3 is “Yes,” do not answer any further questions. Please have the Jury Foreperson sign and date
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this Verdict Form and return it to Ms. Karen Hom.
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4. What amount of money do you find to be the monetary damage sustained by 1031
Advance, Inc. which the BANKRUPTCY TRUSTEE has proved by the
preponderance of the evidence?
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_________________
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United States District Court
Northern District of California
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Please answer Question 5.
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5. Comparative fault: Do you find that SILICON VALLEY LAW GROUP has proved
by a preponderance of the evidence that 1031 Advance was negligent?
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_____ Yes
_____ No
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United States District Court
Northern District of California
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If your answer to Question 5 is “Yes,” please answer Question 6. If your answer to
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Question 5 is “No,” do not answer any further questions. Please have the Jury Foreperson sign
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and date this Verdict Form and return it to Ms. Karen Hom.
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6. Comparative Fault: Do you find that SILICON VALLEY LAW GROUP has proved
by a preponderance of the evidence that 1031 Advance’s negligence was a substantial
factor in causing harm to 1031 Advance?
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_____ Yes
_____ No
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United States District Court
Northern District of California
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If your answer to Question 6 is “Yes,” please answer Question 7. If your answer to
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Question 6 is “No,” do not answer any further questions. Please have the Jury Foreperson sign
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and date this Verdict Form and return it to Ms. Karen Hom.
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7. What percentage of responsibility for 1031 Advance’s harm do you assign to:
SILICON VALLEY LAW GROUP
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1031 ADVANCE, INC.
______%
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United States District Court
Northern District of California
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DATE ___________________
SIGNATURE OF FOREPERSON ___________
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