Van et al v. Wal-Mart Stores, inc. et al

Filing 600

SECOND FURTHER INSTRUCTION TO THE JURY Signed by Judge Paul S. Grewal on January 13, 2015 (psglc2, COURT STAFF) (Filed on 1/13/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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NATHALIE THUY VAN,

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Plaintiff,
v.

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WAL-MART STORES, INC.,

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Defendant.

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Case No. 5:08-cv-05296-PSG
SECOND FURTHER INSTRUCTION
TO THE JURY

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Case No. 5:08-cv-05296-PSG
SECOND FURTHER INSTRUCTION TO THE JURY

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46. INSTRUCTION RE: JURY NOTE NO. 3

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Each of these questions is for you to decide.

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California Penal Code § 490.5(f) provides:

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(1) A merchant may detain a person for a reasonable time for the purpose of conducting an
investigation in a reasonable manner whenever the merchant has probable cause to believe the
person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from
the merchant's premises.

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United States District Court
For the Northern District of California

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A theater owner may detain a person for a reasonable time for the purpose of conducting an
investigation in a reasonable manner whenever the theater owner has probable cause to believe the
person to be detained is attempting to operate a video recording device within the premises of a
motion picture theater without the authority of the owner of the theater.
A person employed by a library facility may detain a person for a reasonable time for the purpose
of conducting an investigation in a reasonable manner whenever the person employed by a library
facility has probable cause to believe the person to be detained is attempting to unlawfully remove
or has unlawfully removed books or library materials from the premises of the library facility.
(2) In making the detention a merchant, theater owner, or a person employed by a library facility
may use a reasonable amount of nondeadly force necessary to protect himself or herself and to
prevent escape of the person detained or the loss of tangible or intangible property.
(3) During the period of detention any items which a merchant or theater owner, or any items
which a person employed by a library facility has probable cause to believe are unlawfully taken
from the premises of the merchant or library facility, or recorded on theater premises, and which
are in plain view may be examined by the merchant, theater owner, or person employed by a
library facility for the purposes of ascertaining the ownership thereof.
(4) A merchant, theater owner, a person employed by a library facility, or an agent thereof, having
probable cause to believe the person detained was attempting to unlawfully take or has taken any
item from the premises, or was attempting to operate a video recording device within the premises
of a motion picture theater without the authority of the owner of the theater, may request the person
detained to voluntarily surrender the item or recording. Should the person detained refuse to
surrender the recording or item of which there is probable cause to believe has been recorded on or
unlawfully taken from the premises, or attempted to be recorded or unlawfully taken from the
premises, a limited and reasonable search may be conducted by those authorized to make the
detention in order to recover the item. Only packages, shopping bags, handbags or other property in
the immediate possession of the person detained, but not including any clothing worn by the
person, may be searched pursuant to this subdivision. Upon surrender or discovery of the item, the
person detained may also be requested, but may not be required, to provide adequate proof of his or
her true identity.
(5) If any person admitted to a theater in which a motion picture is to be or is being exhibited,
refuses or fails to give or surrender possession or to cease operation of any video recording device
that the person has brought into or attempts to bring into that theater, then a theater owner shall
have the right to refuse admission to that person or request that the person leave the premises and
shall thereupon offer to refund and, unless that offer is refused, refund to that person the price paid
by that person for admission to that theater. If the person thereafter refuses to leave the theater or
cease operation of the video recording device, then the person shall be deemed to be intentionally
interfering with and obstructing those attempting to carry on a lawful business within the meaning
of Section 602.1.

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Case No. 5:08-cv-05296-PSG
SECOND FURTHER INSTRUCTION TO THE JURY