Burrell et al v. County of Santa Clara et al

Filing 169

ORDER Re: Amended Jury Instruction No. 23. Signed by Judge Lucy H. Koh on May 12, 2013. (lhklc2, COURT STAFF) (Filed on 5/12/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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United States District Court
For the Northern District of California

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ALMA BURRELL,

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Plaintiffs,
v.
COUNTY OF SANTA CLARA,

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Defendant.

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Case No.: 11-CV-04569-LHK
ORDER RE: AMENDED JURY
INSTRUCTION NO. 23

In response to the parties’ objections to the Court’s proposed Jury Instruction No. 23, the
Court proposes an amended Jury Instruction No. 23:
The plaintiff is entitled to damages for each cause of action, if the damages are
supported by distinct and independent evidence for each cause of action.
See 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)).
The parties shall file any responses to this amended proposed Jury Instruction by 8:30 p.m.,
May 12, 2013. The parties shall appear at a pre-trial conference at 8:45 a.m. on May 13, 2013, to
discuss this proposed Jury Instruction.
IT IS SO ORDERED.

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Dated: May 12, 2013

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LUCY H. KOH
United States District Judge

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Case No.: 11-CV-04569-LHK
ORDER RE: AMENDED JURY INSTRUCTION NO. 23