Clark v. Hidden Valley Lake Association

Filing 189

<VERDICT FORM (BLANK) (Illston, Susan) (Filed on 2/8/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WAYNE CLARK,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-02009-SI
VERDICT FORM

v.
HIDDEN VALLEY LAKE ASSOCIATION,
Defendant.

CLAIM 1(a)

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PRIVACY—INTRUSION INTO PRIVATE AFFAIRS

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We answer the questions submitted to us as follows:

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1.

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employment and his work performance with Hidden Valley Lake Association?
____ Yes ____ No

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If your answer to question 1 is yes, then answer question 2. If you answered no, stop here,
and answer no further questions on this claim.
2.

United States District Court
Northern District of California

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____ Yes ____ No
If your answer to question 2 is yes, then answer question 3. If you answered no, stop here,
and answer no further questions on this claim.
3.

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Would Hidden Valley Lake Association’s intrusion, through Cindy Spears, be

highly offensive to a reasonable person?
____ Yes ____ No

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Did Hidden Valley Lake Association, through Cindy Spears, intentionally intrude

in the terms of his employment and his work performance with Hidden Valley Lake Association?

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Did Wayne Clark have a reasonable expectation of privacy in the terms of his

If your answer to question 3 is yes, then answer question 4. If you answered no, stop here,
and answer no further questions on this claim.
4.

Was Hidden Valley Lake Association’s conduct, through Cindy Spears, a

substantial factor in causing harm to Wayne Clark?
____ Yes ____ No

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CLAIM 1(b)

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PRIVACY—PUBLIC DISCLOSURE OF PRIVATE FACTS

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We answer the questions submitted to us as follows:

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1.

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information concerning Wayne Clark?
____ Yes ____ No

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If your answer to question 1 is yes, then answer question 2. If you answered no, stop here,
and answer no further questions on this claim.
2.

United States District Court
Northern District of California

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Would a reasonable person in Wayne Clark’s position consider the publicity highly

offensive?
____ Yes ____ No

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Did Hidden Valley Lake Association, through Cindy Spears, publicize private

If your answer to question 2 is yes, then answer question 3. If you answered no, stop here,
and answer no further questions on this claim.
3.

Did Hidden Valley Lake Association, through Cindy Spears, know or act with

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reckless disregard of the fact that a reasonable person in Wayne Clark’s position would consider

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the publicity highly offensive?
____ Yes ____ No

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If your answer to question 3 is yes, then answer question 4. If you answered no, stop here,
and answer no further questions on this claim.
4.

substantial connection to a matter of legitimate public concern?
____ Yes ____ No

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Was the private information of legitimate public concern, or did it have a

If your answer to question 4 is no, then answer question 5. If you answered yes, stop here,
and answer no further questions on this claim.
5.

Was Hidden Valley Lake Association’s conduct, through Cindy Spears, a

substantial factor in causing harm to Wayne Clark?
____ Yes ____ No

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CLAIM 1(c)

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PRIVACY—FALSE LIGHT

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We answer the questions submitted to us as follows:

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1.

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or material that showed Wayne Clark in a false light?
____ Yes ____ No

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Did Hidden Valley Lake Association, through Cindy Spears, publicize information

If your answer to question 1 is yes, then answer question 2. If you answered no, stop here,
and answer no further questions on this claim.
2.

Would a reasonable person in Wayne Clark’s position consider the false light

created by the publication to be highly offensive?

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United States District Court
Northern District of California

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____ Yes ____ No

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If your answer to question 2 is yes, then answer question 3. If you answered no, stop here,
and answer no further questions on this claim.
3.

Did Hidden Valley Lake Association, through Cindy Spears, either know the

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publication would create a false impression about Wayne Clark or act with reckless disregard for

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the truth?
____ Yes ____ No

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If your answer to question 3 is yes, then answer question 4. If you answered no, stop here,
and answer no further questions on this claim.
4.

Was Hidden Valley Lake Association’s conduct, through Cindy Spears, a

substantial factor in causing harm to Wayne Clark?
____ Yes ____ No

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CLAIM 2(a)

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DEFAMATION PER SE (PRIVATE FIGURE AND PRIVATE CONCERN)

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We answer the questions submitted to us as follows:

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1.

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statements to persons other than Wayne Clark?
a. That Wayne Clark had pornography including child pornography on his office

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computer.

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____ Yes ____ No

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b. That Wayne Clark embezzled from the Association.

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____ Yes ____ No

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c. That Wayne Clark made fraudulent use of the credit card issued to him by Hidden

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Northern District of California

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Valley Lake Association.

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____ Yes ____ No

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d. That Wayne Clark used deceptive accounting practices.

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____ Yes ____ No

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If your answer to question 1(a), 1(b), 1(c) or 1(d) is yes, then answer question 2. If you
answered no to each subpart, stop here, and answer no further questions on this claim.
2.

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Did the people to whom the statements were made reasonably understand that the

statements were about Wayne Clark?
____ Yes ____ No

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Did Hidden Valley Lake Association, through Cindy Spears, make the following

If your answer to question 2 is yes, then answer question 3. If you answered no, stop here,
and answer no further questions on this claim.
3.

Did these people reasonably understand the statements to mean that Wayne Clark

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had pornography including child pornography on his office computer, that Wayne Clark

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embezzled from the Association, that Wayne Clark made fraudulent use of the credit card issued

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to him by Hidden Valley Lake Association, or that Wayne Clark used deceptive accounting

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practices?

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____ Yes ____ No
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If your answer to question 3 is yes, then answer question 4. If you answered no, stop here,
and answer no further questions on this claim.
4.

Were the statements false?
____ Yes ____ No

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If your answer to question 4 is yes, then answer question 5. If you answered no, stop here,
and answer no further questions on this claim.
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care to determine the truth or falsity of the statements?
____ 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, then answer questions 6 and 7. If you answered no,
stop here, and answer no further questions on this claim.
6. Was Hidden Valley Lake Association’s conduct a substantial factor in causing Wayne
Clark actual harm?
____ Yes ____ No

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Did Hidden Valley Lake Association, through Cindy Spears, fail to use reasonable

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Did Wayne Clark prove by clear and convincing evidence that Hidden Valley Lake

Association, through Cindy Spears, acted with malice, oppression, or fraud?
____ Yes ____ No

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CLAIM 2(b)

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DEFAMATION PER SE (PRIVATE FIGURE AND PUBLIC CONCERN)

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We answer the questions submitted to us as follows:

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1.

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statement to persons other than Wayne Clark?
a. That Wayne Clark mismanaged the financial and other assets of the Golf operation.

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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(a) is yes, then answer question 2. If you answered no, stop
here, and answer no further questions on this claim.
2.

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____ Yes ____ No
If your answer to question 2 is yes, then answer question 3. If you answered no, stop here,
and answer no further questions on this claim.
3.

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____ Yes ____ No
If your answer to question 3 is yes, then answer question 4. If you answered no, stop here,
and answer no further questions on this claim.
4.

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Was the statement false?
____ Yes ____ No

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Did these people reasonably understand the statement to mean that Wayne Clark

had mismanaged the financial and other assets of the Golf operation?

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Did the people to whom the statement was made reasonably understand that the

statement was about Wayne Clark?

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Did Hidden Valley Lake Association, through Cindy Spears, make the following

If your answer to question 4 is yes, then answer question 5. If you answered no, stop here,
and answer no further questions on this claim.
5.

Did Hidden Valley Lake Association, through Cindy Spears, fail to use reasonable

care to determine the truth or falsity of the statement?
____ Yes ____ No
If your answer to question 5 is yes, then answer questions 6 and 7. If you answered no,
stop here, and answer no further questions on this claim.
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6.

substantial factor in causing Wayne Clark actual harm?
____ Yes ____ No

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Was Hidden Valley Lake Association’s conduct, through Cindy Spears, a

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Did Wayne Clark prove by clear and convincing evidence that Hidden Valley Lake

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Association, through Cindy Spears, knew the statement was false or had serious doubts about the

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truth of the statement?
____ Yes ____ No

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United States District Court
Northern District of California

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If your answer to question 7 is yes, then answer question 8. If you answered no, stop here,
and answer no further questions on this claim.
8.

Did Wayne Clark prove by clear and convincing evidence that Hidden Valley Lake

Association, through Cindy Spears, acted with malice, oppression, or fraud?
____ Yes ____ No

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CLAIM 2(c)

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DEFAMATION PER QUOD (PRIVATE FIGURE – PRIVATE CONCERN)

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We answer the questions submitted to us as follows:

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1.

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Did Hidden Valley Lake Association, through Cindy Spears, make the following

statements to persons other than Wayne Clark?
a.

“the employer does not allow you to fill up your company owned and maintained

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computer with porn, and your desk with booze. But the problem is that the police

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have to be able to determine that the very young looking girls are actually under

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age to bring charges.”

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____ Yes ____ No

United States District Court
Northern District of California

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b. “Were there circle **** parties going on in that office? It would seem very likely

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that there probably were. There are people who know and participated, they have

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not come forward publicly at this time.”

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____ Yes ____ No

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c. “But, they got to go along on the Pizza Parties etc. There are people here who sat

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in somebody’s office, enjoyed a bit of Naughty little girl action, had some booze

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and I am really not sure what the toilet paper is for. I am thinking it is a guy thing.”

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____ Yes ____ No

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d. “Just imagine, that the computer is examined and is found to be filled with young

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nubile naughty stuff of indeterminate age. In that case normally law enforcement is

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called in to determine if there are a bunch of felonies on HVLA’s computer. Let’s

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further imagine that there were open bottled of booze in the desk alone with a roll

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of toilet paper.”

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____ Yes ____ No
e. “Staff abuse of credit cards”
____ Yes ____ No
f. “Under-performing managers”
____ Yes ____ No
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g. “Used deceptive fiscal gimmicks to make Golf Ops. Look better”

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____ Yes ____ No

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h. “Used deceptive double-talk to enhance the appearance of his performance.”

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____ Yes ____ No

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If your answer to question 1(a), 1(b), 1(c), 1(d), 1(e), 1(f), 1(g) or 1(h) is yes, then answer

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question 2. If you answered no to each subpart, stop here, and answer no further questions on this

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claim.

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2.

statements were about Wayne Clark?
____ 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, then answer question 3. If you answered no, stop here,
and answer no further questions on this claim.
3.

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____ Yes ____ No
If your answer to question 3 is yes, then answer question 4. If you answered no, stop here,
and answer no further questions on this claim.
4.

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If your answer to question 4 is yes, then answer question 5. If you answered no, stop here,
and answer no further questions on this claim.
5.

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Did Wayne Clark suffer harm to his business, profession, or occupation?
____ Yes ____ No

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Did the statements tend to injure Wayne Clark in his occupation?
____ Yes ____ No

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Did Hidden Valley Lake Association, through Cindy Spears, fail to use reasonable

care to determine the truth or falsity of the statements?

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Did the people to whom the statements were made reasonably understand that the

If your answer to question 5 is yes, then answer question 6. If you answered no, stop here,
and answer no further questions on this claim.
6.

Were the statements a substantial factor in causing Wayne Clark’s harm?
____Yes

____No

If your answer to question 6 is yes, then answer question 7. If you answered no, stop here,
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and answer no further questions on this claim.
7.

Did Wayne Clark prove by clear and convincing evidence that Hidden Valley Lake

Association, through Cindy Spears, acted with malice, oppression, or fraud?
____ Yes ____ No

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United States District Court
Northern District of California

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CLAIM 3

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NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

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We answer the questions submitted to us as follows:

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1.

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____ Yes ____ No
If your answer to question 1 is yes, then answer question 2. If you answered no, stop here,
and answer no further questions on this claim.
2.

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United States District Court
Northern District of California

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Was Hidden Valley Lake Association, through Cindy Spears, negligent?

Did Wayne Clark suffer serious emotional distress?
____ Yes ____ No

If your answer to question 2 is yes, then answer question 3. If you answered no, stop here,
and answer no further questions on this claim.
3.

Was Hidden Valley Lake Association’s negligence, through Cindy Spears, a

substantial factor in causing Wayne Clark’s serious emotional distress?
____ Yes ____ No

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CLAIM 4

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INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

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We answer the questions submitted to us as follows:

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rights or protecting its economic interests?
____ Yes ____ No

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If your answer to question 1 is yes, then answer question 2. If you answered no, skip
questions 2 and 3, and answer question 4.
2.

United States District Court
Northern District of California

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____ Yes ____ No
If your answer to question 2 is yes, then answer question 3. If you answered no, skip
question 3, and answer question 4.
3.

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____ Yes ____ No
If your answer to question 3 is no, then answer question 4. If you answered yes, stop here,
and answer no further questions on this claim.
4.

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Was Hidden Valley Lake Association’s conduct, through Cindy Spears,

outrageous?
____ Yes ____ No

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Did Hidden Valley Lake Association, through Cindy Spears, have a good-faith

belief that it had a legal right to engage in the conduct?

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Was Hidden Valley Lake Association’s conduct, through Cindy Spears, lawful and

consistent with community standards?

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Was Hidden Valley Lake Association, through Cindy Spears, exercising its legal

If your answer to question 4 is yes, then answer question 5. If you answered no, stop here,
and answer no further questions on this claim.
5.

Did Hidden Valley Lake Association, through Cindy Spears, intend to cause

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Wayne Clark emotional distress?

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____ Yes ____ No

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If your answer to question 5 is yes, then answer question 6. If you answered no, stop here,
and answer no further questions on this claim.
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6.

____ Yes ____ No

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If your answer to question 6 is yes, then answer question 7. If you answered no, stop here,
and answer no further questions on this claim.
7.

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United States District Court
Northern District of California

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Was Hidden Valley Lake Association’s conduct, through Cindy Spears, a

substantial factor in causing Wayne Clark’s severe emotional distress?
____ Yes ____ No

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Did Wayne Clark suffer severe emotional distress?

If your answer to question 7 is yes, then answer question 8. If you answered no, stop here,
and answer no further questions on this claim.
8.

Did Wayne Clark prove by clear and convincing evidence that Hidden Valley Lake

Association, through Cindy Spears, acted with malice, oppression, or fraud?
____ Yes ____ No

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DAMAGES

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If you answered yes to any of the following, then answer questions 1-4. If you answered

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no to all of the following, then skip questions 1-4 and proceed to question 5.

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o Claim 1(a), Question 4

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o Claim 1(b), Question 5

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o Claim 1(c), Question 4

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o Claim 2(a), both Question 5 and Question 6

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o Claim 2(b), both Question 5 and Question 6

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o Claim 2(c), Question 6
o Claim 3, Question 3

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United States District Court
Northern District of California

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o Claim 4, Question 7

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1.

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Past Actual Damages (lost earnings): What amount, if any, do you award Wayne

Clark?
$____________________

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2.

Past Noneconomic Damages: What amount, if any, do you award Wayne Clark?

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$____________________

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3.

Future Actual Damages (lost future earnings): What amount, if any, do you

award Wayne Clark?

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$____________________

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4.

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Future Noneconomic Damages: What amount, if any, do you award Wayne

Clark?

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$____________________

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5.

Presumed or Assumed Damages:

Answer this question only if you:
(a) entered no damages in questions 1-4, AND
(b) answered yes to either:

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Northern District of California

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(i)

Claim 2(a), Question 5, OR

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(ii)

Claim 2(b), Question 7.

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If you entered any damages in questions 1-4 or if you did not answer yes to the questions

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listed in (b) above, then leave this question blank and proceed to the next page. Otherwise, enter

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the amount of assumed damages Wayne Clark is entitled to receive below.

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$____________________

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PUNITIVE DAMAGES—ENTITY DEFENDANT

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If you answered yes to any of the following, then answer question 1. If you answered no
to all of the following, then stop here, and have the foreperson sign and date this form.

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o Claim 2(a), Question 7

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o Claim 2(b), both Question 7 and Question 8

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o Claim 2(c), Question 7

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o Claim 4, Question 8

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1.

Was the conduct constituting malice, oppression, or fraud committed by one or

more officers, directors, or managing agents of Hidden Valley Lake Association acting on behalf

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United States District Court
Northern District of California

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of Hidden Valley Lake Association?

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____ Yes ____ No

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If your answer to question 1 is yes, then skip questions 2-4 and answer question 5. If you

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answered no, then answer question 2.
2.

Did an officer, a director, or a managing agent of Hidden Valley Lake Association

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have advance knowledge of the unfitness of Cindy Spears and employ her with a knowing

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disregard of the rights or safety of others?

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____ Yes ____ No

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If your answer to question 2 is yes, then skip questions 3-4 and answer question 5. If you

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answered no, then answer question 3.
3.

Did an officer, a director, or a managing agent of Hidden Valley Lake Association

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authorize Cindy Spears’s conduct?

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____ Yes ____ No

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If your answer to question 3 is yes, then skip question 4 and answer question 5. If you

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answered no, then answer question 4.
4.

Did an officer, a director, or a managing agent of Hidden Valley Lake Association

know of Cindy Spears’s wrongful conduct and adopt or approve the conduct after it occurred?
____ Yes ____ No
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If your answer to question 4 is yes, then answer question 5. If you answered no, then skip

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question 5, and have the foreperson sign and date this form.
5.

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What amount of punitive damages, if any, do you award Wayne Clark?

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$____________________

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Dated:
______________________________________
Foreperson

United States District Court
Northern District of California

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