3

JOHN E. BOUZANE, ESQ. SBN: 79804 LAW OFFICES OF JOHN E. BOUZANE 634 OAK COURT

SAN BERNARDINO, CA,92410

909-889-5151

909-889-3900 (FAX)

5 Attorney for PLAINTIFF

I}

F

SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF STANISLAUS

JO

U.S. BANK NATIONAL ASSOCIATION,

) Case No: 645068

~

11

Plaintiff,

Defendants,

PLAINTIFF'S REQUESTED CACI AND SPECIAL JURY INSTRUCTIONS

DATf'1i1...i ,;;;

TIME. ('J,.:!tiJA.M.

{ DEPT: 22

l

) )

1 ~ • L

13

vs.

ANTHONY J. MARTIN

J 0

] 9

Plaintiff, U.S. Bank National Association, requests that the following CAel Ju

20

Instructions be given:

100,101,102,104,106,107,112,200,202,209,210,222, 5000,5002,5003,

5006,5009,5010,5011,5012,5016

Plaintiff also requests that the following Special Jury Instructions be given'

Special Instruction No: 1-Sufficiency and Service of Notice to Quit: Special Ju

Instructions No: 2: Sufficiency of the Evidence-Termination Due to Foreclosure of th

Property.

I

I!

3

}O

1 ]

12

) 3

c, ,.-

.. :

II

Dated: ) L\ \ iO

Law Office of John E. Bouzane

I

By: J .'n E_ Bouzane

/

(/

i:-_ F. '! 1":':'-' -t L' ~

DJSPOSJTJON TABLE

Case Name: l.l.S. Bank National Association, etc. v. Anthony J. Martin

Case Number: 645068

Dat e: 8/5/20 10

Instruction i Requested By Given as Ref· Wth-
Special Verdict 11 Pltf. Dfdl en. ou, Namets) Reg . Mod used ~rwn Print Dale
100 12/2007
101 2/2007
) 02 12/2007
104 9/2003
106 2/2005
107 4/2007
) 12 4/2009
200 2/2005
202 9/2003
209 9/2003
210 9/2003
223 4/2008
4300 8/2007
43B!r .gl;;)~

5000 2/2005
_.
5002 2/2007
1----
5003 4/2007
~.
5006 c1 2004
.-. -
5009 2/2007
_,"'~., ____ 'T< __ ._-_ .. _.- D1SPOS1TJON TABLE

Case Name: U.S. Bank National Association, etc. v . Anthony J. Martin

Case Number: 645068

Date: 8/5/20 10

Instruction i Requested By Given as Ref- Wth-
Special Verdict # Pflf. Dfdt Crt Oth_ Name(s) Req. Mod used :lrwn Print Date
5010 ] 2/2007
SOlI 2/2005
5012 ] 0/2008
5016 4/2007 PRELIMINARY ADMON1TJONS

Instruction No loa

Requested hy Plaintiff 0 Requested by Defendant 0 Requested by 0
Given as R equesi ed 0 Given as Modified 0 Given on Couns 1\'101ion 0
Refused D

Withdrawn 0 Judge Instruction No.IOa

Page J of4

You have now been sworn as jurors in this case. ] want to impress On you the seriousness

and importance of serving on a jury. Trial by jury is a fundamental right in California. The parties have

a right to a jury that is selected fairly, that comes to the case without bias, and that will attempt 10

reach a verdict based on the evidence presented. Before we begin. I need 10 explain how \IOU must

conduct yourselves during the trial.

Do not allow anything that happens outside this courtroom to affect your decision. During

the trial do not talk about this case or the people involved in it with anyone, including family and

persons living in your household, friends and coworkers, spiritual leaders, advisors. or therapists. Do

not post any information about the trial or your jury service on the Internet in any form. Do not send

or accept any messages, including e-mail or text messages, to or from anyone concerning the trial or

vour service. You may say you are on ajury and how long the trial may take. but that is all. You must

not even talk about the case with the other jurors until after 1 tell you that it is time for you to decide

the case

During the trial you must not listen to anyone else talk about the case or the people

PRELlMJNARY ADMON1Tl0NS

Instruction No. 100

Instruction No 100

Page 2 of 4

involved in the case. You must avoid any coni act with the panics, the lawyers, the witnesses, and

anyone else who may have a connection to the case. If anyone tries to talk 10 you about this case, tell

that person that you cannot discuss il because you are a juror If he or she keeps talking to you,

simply walk away and report the incident 10 the court auendarn/bailiff as soon as you can.

After the trial is over and I have released you from jury duty, you may discuss the case

with anyone, but you are not required 10 do so.

During the tria], do not read, listen to; or watch any news reports about this case. J have

no information that there will be news reports concerning this case. You must decide this case based

only on the evidence presented in this trial and the instructions of law that I will provide. Nothing that

you see. hear. Or Jearn outside this courtroom is evidence unless I specifically tell you it is. If you

receive any information about this case from any source outside of the courtroom. promptly report it

to the court attendant/bailiff

Do not do any research on your own or as a group. 0(1 not use dictionaries. the Internet,

or other reference materials. Do not investigate the case or conduct any experiments. Do n01 contact

PRELIMINARY ADMONITIONS

Instruction No 100

Instruction

No.lOO

Page 3 of y

anyone 10 assist you, such as a family accountant, doctor, or lawyer. Do not visit or view the scene of

any event involved in this case. If you happen to pass by the scene, do not stop or investigate. All

jurors must see or hear the same evidence at the same lime. ]f you do need to view the scene during

the trial. you will be taken there as a group under proper supervision.

11 is important that you keep an open mind throughout this trial. Evidence can only be

presented a piece at a time. Do not fOITn or express an opinion about this case while the Ina] is going

on. You must not decide on a verdict until after you have heard all the evidence and have discussed it

thoroughly with your fellow jurors in your deliberations.

Do not COncern yourselves with the reasons for the rulings I will make during the course

of the trial. Do not guess what 1 may think your verdict should be from anything I might say or do.

When you begin your deliberations. you may discuss the case only in thejury room and

only when all the Jurors are present

You must decide what the facts are In this case. And, I repeat. your verdict must be

based onlv on the evidence that you hear or see in this courtroom. Do not let bias. sympathy.

PRELIMINARY ADMONITIONS

J nsrrucrion No.IOO

Instruction No.IOO

Page 4 of 4

prejudice, or public opinion influence your verdict.

At the end of the trial,] will explain the law that you must follow to reach your verdict.

You must follow the law as J explain it to you, even if you do not agree with the law.

OVERVJEW OF TRJAL

Instruction No.IOI

Requested bv Plaintiff 0 Requested by Defendanl 0 Requested by 0
Given as R equesred 0 Given as Modified 0 Given on Court's Motion 0
Refused 0

Withdrawn 0 Judge Instruction No. JOJ

Page ]-of--3-

To assist you in your tasks as jurors, I will now explain how the trial will proceed. U.S.

Bank National Association filed this lawsuit. It is called a plaintiff. It seeks damages or other relief

from Anthony J Martin, who is called a defendant. Each plaintiff and each defendant is called a party

to the case.

First, each side may make an opening statement, but neither side is required to do so. An

opening statement is not evidence. ]1 is simply an outline to help you understand what that party

expects the evidence will show. Also, because it is often difficult to give you the evidence in the order

we would prefer, the opening statement allows you to keep an overview of the case in mind during

the presentation of the evidence.

Next, the jury will hear the evidence. U.S. Bank National Association \ViII present its

evidence first. When U.S. Bank National Association is finished. Anrhonv J Martin will have an

opportunity to present his/her/its evidence

Each witness will first be questioned by the side that asked the witness to testify. This is

called direct examination. Then the other side is permitted to question the witness. This is called

Rn)9,~ I R,·,· ,; .. ~ I) ~.~.'

OVERVIEW OF TR]AL

Instruction No.IOI

Instruction No](1-t-

Page 2 of 3

cross-examination.

Documents or objects referred to during the trial are called exhibits. Exhibits are given a

number/letter and marked so they may be clearly identified. Exhibits are not evidence until J admit

them into evidence. During your deliberations, you will be able 10 look al all exhibits admitted into

evidence.

There are many rules that govern whether something will be considered evidence in the

trial. As one side presents evidence, the other side has the right to object and to ask me to decide if

the evidence is permitted by the rules. Usually, I will decide immediately, but sometimes J may have to

hear arguments outside of your presence.

After the evidence has been presented. J will instruct you on the law that applies to the

case and the attorneys will make closing arguments. What the parties sav in closing argument is not

evidence. The arguments are offered to help you understand the evidence and how the law applies to

it.

In this casco U.S Bank National Association claims insert description ofthe clements of

OVERYJEW OF TRJAL

Instruction No.IOl

Instruction No 101

Page 3 of 3

pI aint i ffs cJaim( s). Anthony J Martin claims insert description of the e1ements of defendant's

affirmative defense{s) and/or cross-complaint.

T AKJNG NOTES DURING THE TRJAL

Instruction No )02

Requested hy Plaiutiff 0 Requested by Defendant 0 Requested hv 0
Given as Requested D Given as Modified 0 Given on Court's Monon 0
Refused 0

Withdrawn D Judge Instrucnon

No. 102

Page) of I

You have been given notebooks and may take notes during the trial. Do not take the

notebooks out of the courtroom or jury room at any time during the trial. You may take your notes

into the jury room during deliberations.

You should use your notes on Iy to remind yoursel f of what happened duri ng the tri a L Do

not let your note-taking interfere with your ability to listen carefully to all the testimony and to watch

the witnesses as they testify. Nor should you allow your impression of a witness or other evidence to

be influenced by whether or not other jurors are taking notes. Your independent recollection of the

evidence should eovem your verdict. and YOU should not allow vourselfto be influenced bv the notes

.__ _ f -' _, -'

of other jurors if those notes differ from what you remember.

The court reporter is making a record of everything that is said. If during deliberations

you have a question about what the witness said. you should ask that the court reporter's records be

read to you You must accept the court reporter's record as accurate.

At the end of the trial. your notes will be collected and destroyed/collected and retained

by the court but not as a pari of the case record! specify other disposition.

NON-PERSON PARTY

Instruction No. 104

Requested by Plaintiff 0 Requested by Defendant 0 Request cd bv 0
Gi,'en as Requested 0 Given as Modified 0 Given on Court's Motion 0
Refused 0

Withdrawn 0 Judge Instruction No.104

Page I of I

A corporalion/partnership/city/county/other entity, name of entity, is a party in this lawsuit.

Name of entity is entitled to the same fair and impartial treatment that you would give to an individual.

You must decide this case with the same fairness that you would use if you were deciding the case

between individuals.

When I use words like "person" or "he" or "she" in these instructions to refer to a party,

those instructions also apply to name of entity.

EVIDENCE

Instruction No.l06

Requested hy Plaintiff 0 Requested bv Defendant D Requested hy 0
Given as R equesred 0 Given as Modified 0 Given on Court's MOIIon 0
Refused 0

Withdrawn D Judge Instruction No. 106

Page J of 2

Sworn testimony, documents, or anything else may be admitted into evidence. You must

decide what the facts are in this case from the evidence you see or hear during the trial. You may not

consider as evidence anything that you see or hear when court is not in session, even something done

or said by one of the panics, attorneys, or witnesses.

What the attorneys say during the tria! is not evidence. In their opening statements and

closing arguments, the attorneys will talk 10 you about the law and the evidence. What the lawyers

say may help you understand the law and the evidence, but their statements and arguments are not

evidence.

The attorneys' questions are 110t evidence. Only the witnesses' answers are evidence. You

should not think that something is true just because an atrornev's question suggests that it IS true.

However. the attorneys for both sides can agree that certain facts are true. This agreement is called a

"stipulation." No other proof is needed and you must accept those facts as true in this trial.

Each side has the right to object 10 evidence offered by the other side. If I do not ;lgree

with the objection. I will say it is overruled If I overrule an objection. the witness will answer and you

EV1DENCE

Instruction No.106

Instruction No 106

Page 2 of 2

may consider the evidence. Jf] agree with the objection, J will say it is sustained. If} sustain an

objection, you must ignore the question. If the witness did not answer, you must not guess what he or

she might have said or why J suslaj~ed the objection. If the witness has already answered. you must

ignore the answer.

There will be times when J need to talk to the attorneys privately. Do not be concerned

about our discussions or try to guess what is being said.

An attorney may make a motion to strike testimony that you have heard. ]f J grant the

motion. you must totally disregard that testimony. You must treat it as though it did not exist.

W1TNESSES

1 nsrrucuon No.l07

R equesied bv PIa. miff 0 Requested hv Defendant 0 Requested by 0
G I "en as R cq uest ed 0 Given as Modified 0 Given on COUl1·S Motion 0
Refused 0

Wirhdrawn 0 Judge 1 nsrrucuon No 107

Page 1 of 2

A witness is a person who has knowledge related to this case. You will have to decide

whether you believe each witness and how important each witness's testimony is to the case. You may

believe all. part, or none of a witness's testimony.

In deciding whether to believe a witness's testimony, you may consider, among other

factors. the following:

(a) How well did the witness see, hear, or otherwise sense what he or she

described in court?

(b) How well did the witness remember and describe what happened?

(c) How did the witness look, act, and speak while testifying?

(d) Did the witness have any reason 10 say something that was not true') Did

the witness show any bias or prejudice') Did 111e witness have a personal relationship with any of the

parties involved in the case? Does the witness have a personal stake in how this case is decided?

(e) What was the witness's attitude toward this case Or about giving

iestimonv?

WITNESSES

Instruction No.I07

Instruction No 107

Page 2-of2

Sometimes a witness may say something that is not consistent with something else he or

she said. Sometimes different witnesses will give different versions of what happened. People often

forget things or make mistakes in what they remember. Also, two people may see the same event bUI

remember it differently. You may consider these differences, bUI do not decide that testimony is untrue

Just because it differs from other testimony.

However, if you decide that a witness has deliberately testified untruthfully about

something important, you may choose not to believe anything that witness said. On the other hand, if

you think the witness testified untruthfully about some things but told the truth about others. you may

accept the part you think is true and ignore the rest.

Do not make any decision simply because there were more witnesses on one side than on

the other. If you believe it is true, the testimony of a single witness is enough to prove a fact.

You must not be biased in favor of or against any witness because of his or her disability.

gender. race. reliaion. ethnicitv. sexual orientation. 32.e. national oriuin. or socioeconomic SI<11US. or

...... ..__-' _" ...._ ......

insert any other impermissible f0n11 of bias

Instruction No 112

QUEST]ONS FROM JURORS

Requ~stffi by Plaintiff 0 Requested by Def~ndanT 0 Requested by 0
Given as Requested 0 Given 3S Modified 0 Given on Court's Mmion 0
Refused 0

Withdrawn 0 Judge Instruction No.112

Page J of 1

If, during the trial, you have a question that you believe should be asked of a witness, you

may write out the question and send it to me through my courtroom staff 1 will share your question

with the attorneys and decide whether it may be asked.

Do not feel disappointed if your question is not asked. Your question may not be asked

lor a variety of reasons. For example, the question may cal] for an answer that is not allowed for legal

reasons Also, you should 110t try 10 guess the reason why a question is not asked or speculate about

what the answer might have been. Because the decision whether to allow the question is mine alone,

do not hold it against any of the attorneys or their clients jf your question is not asked.

Remember that you are not an advocate for one side or the other. Each of you is an

impartial judge ofthe facts Your questions should be posed in as neutral a fashion as possible. Do not

discuss any question asked hv any juror with an:' other juror until after deliberations begin.

OBLJGAT)ON TO PROVE--MORE LIKELY TRUE THAN NOT TRUE

Instruction No.200

Requested bv Plarnnff 0 Requested by Defendant 0 Requested by
0
Given as Requested 0 Given as Modified 0 Given on Court's MOl ion 0
Refused 0

Withdrawn 0 Judge J nsrrucnon No.200

Page 1 of 1

A party must persuade you, by the evidence presented in court, that what he or she is

required to prove rs more likely to be true than not true. This is referred to as "the burden of proof."

After weighing all of the evidence, if you cannot decide that something is more likely to be

true than not true, you must conclude that the party did not prove it. You should consider all the

evidence, no mailer which party produced the evidence.

In criminal trials, the prosecution must prove that the defendant is guilty beyond a

reasonable doubt. But in civil trials. such as this one. the party who is required to prove something

need prove only that it is more likely to be true than not true.

DIRECT AND INDJRECT EVIDENCE

Instruction No. 202

Requested by Plainutf 0 Requested by Defendant 0 Requested bv 0
Grven as Requested D Given as Modified D Given nn Court's Motion 0
Refused 0

Withdrawn D Judge Instruction No.202

Page) of I

Evidence can come in many forms. Jt can be testimony about what someone saw or

heard or smelled. It can be an exhibit admitted into evidence. It can be someone's opinion.

Some evidence proves a fact directly, such as testimony of a witness who saw a jet pJ ane

flying across the sky. Some evidence proves a fact indirectly, such as testimony of a witness who saw

only the white trail that jet planes often leave. This indirect evidence is sornenmes referred to as

"circumstantial evidence." In either instance, the witness's testimony is evidence that a jet plane new

across the sky.

As far as the law is concerned, it makes no difference whether evidence is direct or

indirect. You may choose to believe or disbelieve either kind. Whether it is direct or indirect. you

should give every piece of evidence whatever weight you think it deserves.

USE OF INTERROGATORJES OF A PARTY

I nstruction No 209

Requested by Plaintiff 0 Requested by Defendant 0 Requested by 0
Given 3S Requested 0 Given 3S Modified 0 Given on Court's Motion 0
Refused 0

Withdrawn 0 Judge Instruction No 209

Page I of I

Before trial, each party has the right to ask the other parties to answer written questions.

These questions are called interrogatories. The answers are also in writing and are given under oath.

You must consider the questions and answers that were read to you the same as If the questions and

answers had been given in court.

Instruction No.210

REQUESTS FOR ADMJSSIONS

Requested by Plaintiff 0 Requested hv Defendant 0 Rl'qul'Sled bv 0
Given as Requested 0 Given as Modified 0 Given on Court's Motinn 0
Refused 0

Withdrawn 0 Judge I nst rue 11011 No.21·O

Page 1 of I

Before trial, each party has the right to ask another party 10 admit in writing that certain

matters are true. If the other party admits those matters, you must accept them as true. No further

evidence is required to prove them.

However, these matters must be considered true only as they apply to the party who

admitted they were true.

OPINJON TESTIMONY OF LA Y WITNESS

Instruction No.223

R(·qu("sied by Plaintiff 0 Requested by Defendant 0 R equesred bv
0
Given as Requested 0 Given as Modified 0 Given on Court's Mntjrm 0
Refused 0

Withdrawn 0 Judge l nstruction No 223

Page J of I

A witness who was not testifying as an expert gave an opinion during the trial. You may,

but are not required to, accept that opinion. You may give the opinion whatever weight you thi nk is

appropriate

Consider the extent of the witness's opportunity to perceive the matters on which the

opinion is based, the reasons the witness gave for the opinion, and the facts or information on which

the witness relied in forming that opinion. You must decide whether information on which the witness

relied was true and accurate. You may disregard all or any part of an opinion that you find

unbelievable. unreasonable. or unsupported by the evidence.

JNTRODUCTORY INSTRUCT]ON

lnstrucrion N0.4300

Rrqu~~1t,d by Plarnuff 0 Requested by Defendant 0 Requested hy 0
Given as Requested 0 Given as Modified 0 Given on Court's Motion 0
Refus .. d 0

Withdrawn 0 Judge Instruction No 4300

Page 1 of I

This is an action for what is called unlawful detainer. U.S. Bank National Association, the

landlord/tenant, claims that Anthony] Martin is its tenant/subtenant under a lease/rental

agreement/sublease and that Anthony J Martin no longer has the right to occupy the property by

subleasing to name of subtenant. U.S. Bank National Association seeks 10 recover possession of the

property from Anthony _) Martin. Anthony] Martin claims that he/she/it still has the right to occupy the

property because insert defenses at Issue.

The properly involved in this case is describe property: e.g., "an apartment" "a house,"

"space in a commercial building" located in city or area al address.

DUTJES OF THE JUDGE AND JURY

Instruction No.SODO

Requested by Plaintiff 0 Requested by Defendant 0 Requested by 0
Given as Requested 0 Given as Modified 0 Givrn nn Coull'S Motion 0
Refused 0

Withdrawn 0 Judge Instruction

NoSOOO

Pagelof3

Members of the jury, you have now heard all the evidence and the closing arguments of

the attorneys. The attorneys will have one last chance to talk to you in closing argument. But before

they do, it It is my duty to instruct you on the law that applies to this case. You must follow these

instructions as well as those that 1 previously gave you. You will have a copy of my instructions with

you when you go to the jury room to deliberate. J have provided each of you with your own copy of

the instructions. I will display each instruction on the screen.

You must decide what the facts are. You must consider all the evidence and then decide

what you think happened. You must decide the facts based on the evidence admitted in this trial Do

not do any research on your own or as a group. Do not use dictionaries. the Internet, or other

reference materials. Do not investigate the case or conduct any experiments. Do not contact anyone

to assist vou. such as a farnilv accountant doctor. or lawver. Do not visit or view the scene of anv

_ _.c. _- T

event involved in this case ]f you happen to pass by the scene. tin not stop or investigate. A II jurors

must see or hear the same evidence at the same tJJ11e. Do 110t read. listen to. or watch any news

accounts of this trial. You must not let bias. sympathy. prejudice. or puhlic opinion influence your

RCII'-lS I R,·,· .~.~ 11 .J .• ~'

DUTIES OF THE JUDGE AND JURY

Instruction No.5000

Instruction No.SOOO

Page 2 of 3

decision.

I wi II now tell you the Jaw that you must follow to reach your verdict. You must follow the

law exactly as I give it to you, even if you disagree with it. ]f the attorneys have said/say anything

different about what the law means. you must follow what] say.

In reaching your verdict. do not guess what J think your verdict should be from something

J may have said or done.

Pay careful attention to aJI the instructions that I give you. All the instructions are

important because together they stale the law that you wj l] use in this case. You must consider all of

the instructions together.

After you have decided what the facts are. you may find that some instructions do not

apply. In thai case. follow the instructions that do apply and use them together with the facts 10 reach

vour verdict.

If 1 repeat any ideas or rules of law during mv instructions. that does not mean that these

ideas or rules are more important than the others are In addition. the order in which the instructions

DUTIES OF THE JUDGE AND JURY

Instruction

N0.5000

1 nstrucuon

Nn5000

Page 3 of 3

are given does not make any difference.

Most of the instructions are typed. However, some handwritten or typewritten words

may have been added. and SOme words may have been deleted. Do not discuss or consider why

words may have been added or deleted. Please treat ail the words the same. no matter what their

format. Simply accept the instruction in its final form.

EVJDENCE

Instruction No.S002

Requested by Plaintiff 0 R .. quested bv Defendant 0 Requested by
0
Given os Requested 0 Given as Moditit'd 0 Given on (ourl·S Muuun 0
Refused 0

Withdrawn 0 Judge Instruction No.5002

Page 1 of 2

Sworn testimony, documents, or anything else may be admitted into evidence. You must

decide what the facts are in this case from the evidence you have seen or heard during the trial,

including any exhibits that I admit into evidence. You may not consider as evidence anything that you

saw or heard when court was not in session, even something done or said by one of the part res.

attorneys, or witnesses.

What the attorneys say during the trial is not evidence. In their opening statements and

closing arguments, the attorneys talk to you about the law and the evidence. What the lawyers say

may help you understand the law and the evidence, but their statements and arguments are not

evidence.

The attorneys' questions are not evidence. Only the witnesses' answers are evidence. You

should not think that something is true just because an attorney's question suggested that it was true.

However. the attorneys for both sides have agreed that certain facts are true. This agreement is called

a supularion No other proof is needed and you must accept those facts as true in this trial.

Each side had the right to object to evidence offered by the other side. If I sustained an

EVIDENCE

J nsrruction No 5002

J nstrucuon N(lS002

Page 2 of 2

objection to a question, you must ignore the question. If the witness did not answer, you must not

guess what he Or she might have said or why I sustained the objection. If the witness already

answered. you must ignore the answer.

During the trial I granted a motion to strike tesnmony thai you heard. You must totally

disregard that testimony. You must treat it as though it did not exist.

WJTNESSES

Instruction No.5003

Requested hv Plaintiff 0 Rl''-IUC~l~d hy Odendanl 0 R cquesred hy 0
Gi ven as R eq uesi cd 0 Given a, Modified 0 Given on C curt's MOl ion 0
Refused 0

Withdrawn 0 Judge Instruction No. 5003

Page I of 2

A witness is a person who has knowledge related to this case. You will have to decide

whether you believe each witness and how important each witness's testimony is to the case. You may

believe all, part, or none of a witness's testimony

In deciding whether to believe a witness's testimony, you may consider, among other

factors, the following:

(a) How well did the witness see. hear. or otherwise sense what he or she

described in court?

(b) How well did the witness remember and describe what happened?

(c) How did the witness lOOK. act. and speak while testifying"

(d) Did the witness have anv reason to say something that was nottrue? Old

the witness show any bias or prejudice? Did the witness han a personal relationship with any of the

parties involved in the case? Does the witness have a personal stake in how this case is decided')

(e) What was the witness's an itude toward Ihis case or about giving

testimony?

WITNESSES

Instruction

No.5003

Instruction Np.5003

Page 2 of 2

Sometimes a witness may say something that is not consistent with something else he or

she said. Sometimes different witnesses will give different versions of what happened. People often

forget things or make mistakes in what they remember. Also, two people may see the same event bUI

remember it differently. You may consider these differences, but do not decide that testimony is untrue

_-- r'" - _- ~

just because jt differs from other testimony.

However. jf you decide that a witness deliberately testified untruthfully about something

important. you may choose not to believe anything that witness said. On the other hand, if you think

the witness testified untruthfully about some things but told the truth about others, you may accept the

part vou think is true and ignore the rest.

Do not make any decision simply because there were more witnesses on one side than on

the other If vou believe it 15 true. the testimony of a single witness is enough to prove a fact.

\'OU must nOI be biased against any witness because of his or her disability. gender, race,

religion cthnicitv, sexual orienta+ion. age. national origin, or socioeconomic status, ()1 insert any other

impermissible form of bias.

NONPERSON PARTY

Instruction No.5006

Requested by Plaintiff 0 Requested by Dcfcndarn 0 R I'qu("SI ed by 0
Given as Requested 0 Given as Modified 0 Given on (nun·s Monon D
Refused D

Withdrawn D Judge Instruction

No 5006

Page I of I

A corporationlpartnership/city/county/other entity, name of entity, is a party in this lawsuit.

name of entity is entitled to the same fair and impartial treatment that you would give to an individual.

You must decide this case with the same fairness that you would use jfyou were deciding the case

between individuals.

When I use words like "person" or "he" or "she" in these instructions to refer to a party.

those instructions also apply to name of entity.

PREDELlBERA T10N lNSTRUCTJONS

I nsrrurtion

No.5009

Rcquo,>sl,d by Plaintiff 0 Requested by Defendam 0 R equ<'51 ~J h\" 0
Given as R e quested 0 Given as Modified 0 Given em (nun's M01iC)n 0
Refust'd 0

Wi I bdrawn 0 Judge l nstruction

No 5009

Page 1 of 3

When you go to the jury room, the first thing you should do is choose a presiding JUror.

The presiding juror should see to it that your discussions are orderly and that everyone has a fair

chance to be heard.

Jl is your duty to talk with one another in the jury room and to consider the views of all

Ihe Jurors. Each of you must decide the case for yourself, but only after you have considered the

evidence with the other members of the jury. Feel free to change YOUf mind if you are convinced that

your position should be different. You should all try to agree. But do not give up your honest beliefs

just because the others think differently.

Please do not state your opinions 100 strongly at the beginning o lvour deliberations Also:

do not immediately announce how you plan to vote. Keep an open mind so that you and your fellow

iurors can easily share ideas about the case.

You should use your common sense, bUI do no! use OJ consider any special training or

unique personal experience that any of you have in matters involved in this case. Your Irall1lng or

experience is not a part ofthe evidence received in this case.

PREDELIBERA TION INSTRUCTIONS

Instruction No.S009

I nstrucrion No. 5009

Page 2 of 3

Sometimes jurors disagree or have questions about the evidence or about what the

witnesses said in their testimony. If that happens, you may ask 10 have testimony read back to you or

ask to see any exhibits admitted into evidence that have not already been provided to you. Also,

jurors may need further explanation about the laws that apply 10 the case. If this happens during your

discussions, write down your questions and give thern to the clerk/bailiff/court attendant. I wi l l do my

best to answer them. When you write me a note. do not tell me how you voted on an issue until I ask

for this information in open court.

At least Dine jurors must agree on each verdict and on each question that you are asked

to answer. However. the same jurors do not have to agree on each verdict or each question. Any nine

jurors is sufficient. As soon as you have agreed on a verdict and answered all the questions as

instructed. the presiding juror must date and sign the formrs) and notify the clerk/ bailiff/court

attendant.

or

AI least nine jurors must agree on ~~ verdict. As soon as vou have agreed 011 a verdict. the

PREDELJBERATJON JNSTRUCTJONS

Instruction

No. 5009

J nsiruction N(l5009

Page 3 of 3

presiding juror must date and sign the form and notify the clerk/bailiff/court attendant.

Your decision must be based on your personal evaluation of the evidence presented in the

case Each of you may be asked in open court how you voted on.each question.

While I know you would nOI do this, ] am required 10 advise you that you must not base

your decision on chance, such as a flip of a coin. lfyou decide to award damages. you may not agree

in advance to SImply add up the amounts each juror thinks is right and then make the average your

verdict

Y uu may lake breaks, but do not discuss this case with anyone, including each other. until

all of vou are hack in the jury room

T AKJNG NOTES DURING THE TRIAL

Instruction No.50l0

Requested bv Plamnff 0 Requested by Defendant 0 Requested by 0
Given as R cqucsred 0 Given 3S Modified 0 Given un Court's MOtion 0
Refused 0

Withdrawn D Judge Instruction No5010

Page 1 of I

If you have taken notes during the trial, you may take your notebooks with you into the

JUry room.

You may use your notes only to help you remember what happened during the trial. Your

Independent recollection of the evidence should govern your verdict You should not. allow yourself to

be influenced by the notes of other jurors if those notes differ from what you remember.

A I the end of the trial, your notes will be collected and destroyed/collected and retained

by the court but not as a part of the case record/ specify other disposition.

READING BACK OF TRIAL TESTIMONY IN JURY ROOM

Instruction No.5011

Requested bv Plainnff 0 Requested by Defendam 0 R~qUl'~I<'d h~ 0
Given as Rcquesrrd 0 Given as Modified 0 Given on lnull', Motion 0
Rerus~d 0

Wuhdrawn 0 Judge l nstrucrion No50l1

Page 1 of 2

You may request in writing that trial testimony be read to you. I will have the court

reporter read the testimony to you. You may request that alJ or a part of a witness's testimony be

read.

Your request should be as specific as possible. II will be helpful if you can state

I . The name of the witness;

2 The subject of the testimony you would like 10 have read: and

3. The name of the attorney or attorneys asking the questions when the

testimony was given.

The court reporter IS not permitted 10 talk with you when she or he is reading the

testirnonv you have requested.

While the COUli reporter is reading the testimony. you may not deliberate or discuss the

case.

You lllay not ask the court report er to read test lJl10ny I h 31 was nOI speci fJ callx ment ioried

ill (l written request. If your notes differ from the test irnonv. you must accept the court reporter's

REA01NG BACK OF TR1AL TESTJMONY IN JURY ROOM

Instruction No SOl J

J nsiruction NoSO]]

Page 2 of 2

record as accurate.

1NTRODUCTlON TO SPEC]AL VERD1CT FORM

Instruction No SOl 2

R~qu<'''l'd hv Plaintiff 0 Request e d by Defendant 0 Requested hv 0
Gi"cn a, Requested 0 Given as Modified 0 Given on Court's Motion 0
RduSl·J 0

Wnhdrawn 0 Judge I Jl ~I ruci ion No 50]2

Page I of I

I will give you a verdict fOnTIS with questions you must answer. 1 have already instructed

you On the law that you are to use in answering these questions. You must follow my instructions and

the forms carefully. You must consider each question separately. Although you may discuss the

evidence and the issues to be decided JD any order; you must answer the questions On the verdict

forms in the order they appear. After you answer a question, the form tells you what to do nex L AI]

] 2 of you must deliberate on and answer each question. A t least 9 of you 111uSt agree on an answer

before all of you can move on to the next question. However, the same 9 or more people do not have

10 agree all each answer.

When you have finished tilling out the forms, your presiding juror must write the dale and

sign 1131 the bottom of the last page. Return the forms to me/the bailiff/the clerk/the court attendant

when vou have finished.

JUDGE'S COMMENTJNG ON EVJDENCE

J nsirucrion

No.5016

Requested by Plaintiff 0 R ... quested by Defendam 0 Requested h~· 0
Givm as Requested 0 Given as Modified 0 Given on COU!1'S Motion 0
Rdust'd 0

Withdrawn 0 Judge Instruction No 5016

Page 1 of I

In this case, I have exercised my right to comment on the evidence. However, you the

jury are the exclusive judges of all questions of fact and of the credibility of the witnesses. You are

free to completely ignore my comments on the evidence and to reach whatever verdict you believe to

be correct, even if it is contrary to any or all ofthose comments.

, ~; Speciallnslruction Authorities
No. I Civi I Code Section 1161 a

Requested by Plaintiff Requested by Defendant Requested by
U.S. Bank National Association
x
Given as Requested Given as Modified Given on Court's Motion
Refused
Withdrawn
Judge Sufficienty of Notice to Quit

Instruction No.

This is a special type of Un lawfu I Detainer acton that is brought aga inst the occupants of real property following a trustee's sale.

Plainitiff, u.s. Bank National Association, claims that Defendant, Anthony J. Martin, has no right to contin ued possession of The subject property located at 1312 Harbour Town Lane, Modesto, California.

In order for Plaintiff to prevail in this action Plaintiff must prove that Defendant was served with a 3/90 Day Notice to Quit prior to the filing of this action on 8/31/09.

The Notice to Quit is sufficient if it was served on Defendant, who was the prior owner of the subject property 3 days prior 10 August 31. 2009 and was served in the following manner:

I. By personal service on Anthony or,

2. By posting the notice in a conspicuous place and then by mailing the notice to Defendant, Anthony .I. Mart in to 1312 Harbour Town Lane, Modesto, CA by regular mail.

The notice will be deemed 10 be properly served if Anthony J. Marlin received the notice 3 days prior to August J 1.2009.

Special Instruction Authorities
, r
No.2 Civil Code Section I J61a

Requested by Plaintiff Requested by Defendant Requested by
U.S. Bank National Association
x
Given as Requested Given as Modified Given on Court's Motion
Refused
Withdrawn
Judge Sufficency of the Evidence-Termination Due to Foreclosure

Instruction No. ~2 __

This is a special type of Unlawful Detainer acton that is broughtagainst the occupants of real property following a trustee's sale.

Plainitiff, U.S. Bank National Association, claims that Defendant, Anthony J. Marlin, has no right to continued possession of the subject property located at I J 12 Harbour Town Lane, Modesto, California.

In order for Plaintiff to prevail in this action Plaintiff must prove by a preponderance of the evidence the following:

I. That the property located at 1312 Harbour Town Lane, Modesto, CA was sold at a trustee's sale to Plaintiff

2. That the Trustee's sale was perfected by recording the Trustee's Deed in the Office of the County Recorder;

3. That Defendant was lawwfully served with a 3/90 Notice to Quit;

4. That Defendant failed to vacate prior to the expiration of the Notice to Quit.

In order for Defendant to prevail in this action Defendant must prove by a preponderance of the evidence the following:

I. That the Trustee's Deed Upon Sale was not perfected;

2. That Defendant was not properly served with the Notice to Quit:

3. That Defendant vacated the subject property prior to the expiration of the Notice to Quit

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