Erhart v. Bofi Holding Inc.

Filing 305

PROPOSED JURY VERDICT FORM. The Court includes a Proposed Final Jury Verdict Form attached to this Order. Signed by Judge Cynthia Bashant on 5/12/22. (BAS)

Case 3:15-cv-02287-BAS-NLS Document 305 Filed 05/12/22 PageID.14279 Page 1 of 8

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CHARLES MATTHEW ERHART,
Plaintiff,

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PROPOSED JURY VERDICT
FORM

v.
BOFI FEDERAL BANK,

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Case No. 15-cv-02287-BAS-NLS
consolidated with
15-cv-02353-BAS-NLS

Defendant.
BOFI FEDERAL BANK,
Plaintiff,
v.
CHARLES MATTHEW ERHART,
Defendant.

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Included below is a Proposed Final Jury Verdict Form.
IT IS SO ORDERED.

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DATED: May 12, 2022

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Case 3:15-cv-02287-BAS-NLS Document 305 Filed 05/12/22 PageID.14280 Page 2 of 8

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CHARLES MATTHEW ERHART,
Plaintiff,

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DRAFT JURY VERDICT

v.
BOFI FEDERAL BANK,

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Case No. 15-cv-02287-BAS-NLS
consolidated with
15-cv-02353-BAS-NLS

Defendant.
BOFI FEDERAL BANK,
Plaintiff,
v.
CHARLES MATTHEW ERHART,
Defendant.

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Case 3:15-cv-02287-BAS-NLS Document 305 Filed 05/12/22 PageID.14281 Page 3 of 8

Mr. Erhart’s Causes of Action Against BofI

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Count One: Sarbanes-Oxley Act (SOX)

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(1)

Did Mr. Erhart prove that BofI violated SOX? _______ (Yes/No)

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If you found that Mr. Erhart proved BofI violated SOX, what conduct

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by BofI did Mr. Erhart reasonably believe was a violation of law?

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(You must check at least one; check all that you find apply.)

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BofI recorded telephone calls

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BofI had a high deposit concentration risk

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BofI provided risky loans to criminals and/or politically

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exposed individuals

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(2)

If you answered “Yes” to question (1), did BofI prove by clear and

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convincing evidence that it would have taken the same personnel

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action in the absence of Mr. Erhart’s protected activity?

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_______ (Yes/No)

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Count Two: Labor Code § 1102.5

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(3)

Did Mr. Erhart prove that BofI violated Labor Code § 1102.5?
_______ (Yes/No)

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If you found that Mr. Erhart proved BofI violated Labor Code §

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1102.5, what conduct by BofI did Mr. Erhart reasonably believe was

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a violation of state, local or federal law or regulation? (You must

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check at least one; check all that you find apply.)
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BofI recorded telephone calls

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BofI provided risky loans to criminals and/or politically

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exposed individuals

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BofI made untimely 401(k) payments

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BofI failed to disclose to the OCC accounts lacking

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Taxpayer Identification Numbers (TINs)

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BofI failed to disclose subpoenas to the OCC in response

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to a request from the OCC

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BofI failed to disclose to the OCC a high risk customer

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report regarding Global Cash Card

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BofI failed to disclose the existence of an audit under the

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Flood Disaster Protection Act

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CEO Garrabrants’s depositing of third party checks into

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his personal account

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(4)

If you answered “Yes” to question (3) above, did BofI prove by clear

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and convincing evidence that it would have taken the same personnel

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action in the absence of a violation of Labor Code § 1102.5?

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_______ (Yes/No)

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Count Three: Wrongful termination

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(5)

Did Mr. Erhart prove that BofI wrongfully terminated him in violation
of public policy? _______ (Yes/No)

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(6)

If you answered “Yes” to question (5) above, did BofI prove by clear
and convincing evidence that it would have taken the same personnel

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action even if there had been no wrongful termination?

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_______ (Yes/No)

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Damages for Counts One Through Three

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(7)

If you found that Mr. Erhart proved any of the above causes of action

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and you found that BofI failed to prove that it would have taken the

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same action whether or not the violation was committed, did Mr.

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Erhart prove that he suffered emotional distress or harm to his

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reputation as a result of the unfavorable personnel action?

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_______ (Yes/No)

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(8)

If you answered “Yes” to question (7) above, what is the total amount
of damages Mr. Erhart suffered? $

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Count Four: Defamation

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(9)

Did Mr. Erhart prove that BofI made defamatory statements about
him? _______ (Yes/No)

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If you answered “Yes” to the question above, which of the following

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statements do you find were made and were defamatory. (You must

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check at least one; check all that apply.)

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Mr. Erhart was untruthful

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Mr. Erhart conspired with short sellers to drive down the

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price of BofI stock and harm BofI

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Mr. Erhart was incompetent at his job

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Mr. Erhart would be behind bars for his conduct toward

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BofI

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(10) If you answered yes to question (9) above, did BofI prove that the
defamatory statements about Mr. Erhart were substantially true?
________ (Yes/No)

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If you answered “Yes” to the question above, which of the statements

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that you checked above do you find were substantially true?

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Mr. Erhart was untruthful

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Mr. Erhart conspired with short sellers to drive down the

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price of BofI stock and harm BofI

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Mr. Erhart was incompetent at his job

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Mr. Erhart would be behind bars for his conduct toward

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BofI

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(11)

If you answered yes to question (9) above, did BofI prove that the

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defamatory statements were subject to the litigation privilege as

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defined in the instructions? ________ (Yes/No)

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Damages for Defamation

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(12) If you answered “Yes” to question (9) and “No” to questions (10) and

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(11), what is the total amount of damages Mr. Erhart suffered as a

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result of this defamation? $ ______________ (Must be at least $1.00)

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(13) If you awarded damages above, did Mr. Erhart prove by clear and

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convincing evidence that BofI acted with malice, oppression or fraud?

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________ (Yes/No)

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BofI’s Counter-Claims Against Mr. Erhart

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Count One: Breach of Contract

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(1)

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Did BofI prove Mr. Erhart breached a contract he had with the Bank?
________ (Yes/No)

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Count Two: Conversion

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(2)

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Did BofI prove Mr. Erhart converted non-public confidential customer
or employee information belonging to BofI? ________ (Yes/No)

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Count Three: Breach of the Duty of Undivided Loyalty

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(3)

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Did BofI prove Mr. Erhart breached a duty of undivided loyalty he
owed to BofI? ________ (Yes/No)

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Count Four: Negligence

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(4)

Did BofI prove Mr. Erhart was negligent in his handling of nonpublic
confidential customer or employee information? ________ (Yes/No)

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Count Five: Penal Code § 502

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(5)

Did BofI prove that Mr. Erhart violated Penal Code § 502?
________ (Yes/No)

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Count Six: Computer Fraud and Abuse Act

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(6)

Did BofI prove Mr. Erhart violated the Computer Fraud and Abuse
Act? ________ (Yes/No)

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Damages for Counter-Claims One Through Six

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(7)

If you found that BofI proved any of the above six causes of action,

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what is the total amount of damages BofI suffered as a result of this

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conduct?

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$

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SO SAY WE ALL.

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DATED:

FOREPERSON OF THE JURY

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