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Cardinal v. Lupo

United States District Court, N.D. California

December 6, 2019

CHRISTOPHER CARDINAL, et al., Plaintiffs,
v.
JOHN LUPO, et al., Defendants.

          COURT'S PROPOSED VERDICT FORM

          JOSEPH C. SPERO CHIEF MAGISTRATE JUDGE

         The Court's proposed verdict form is attached to this order. Any objections to this proposed verdict form must be raised at the hearing set for 3:00 PM on December 6, 2019.

         IT IS SO ORDERED.

         COURT'S PROPOSED VERDICT FORM

         We, the jury, unanimously find as follows:

         PART A: BREACH OF CONTRACT-MR. LUPO'S CLAIM AGAINST MR. CARDINAL

         1. John Lupo, Christopher Cardinal, and Kitchen Experts of California, Inc. entered a contract called the Stock Purchase Agreement. Did John Lupo do all, or substantially all, of the significant things that the contract required him to do?

          __Yes __No

         If your answer to Question 1 is “Yes, ” do not answer Question 2, and instead continue to Question 3. If your answer to Question 1 is “No, ” continue to Question 2.

         2. Was John Lupo excused from having to do all, or substantially all, of the significant things that the contract required him to do?

          __Yes __No

         If your answer to Question 2 is “Yes, ” continue to Question 3. If your answer to Question 2 is “No, ” do not answer any further questions in Part A, and instead continue to Part B.

         3. Did Christopher Cardinal fail to do something that the contract required him to do?

          __Yes __No

         If your answer to Question 3 is “Yes, ” continue to Question 4. If your answer to Question 3 is “No, ” do not answer any further questions in Part A, and instead continue to Part B.

         4. Was John Lupo harmed by Christopher Cardinal's breach of contract?

          __Yes __No

         If your answer to Question 4 is “Yes, ” continue to Question 5. If your answer to Question 4 is “No, ” do not answer any further questions in Part A, and instead continue to Part B.

         5. What are John Lupo's damages for Christopher Cardinal's breach of contract?

         $ ____

         Continue to Part B.

         PART B: BREACH OF CONTRACT-KITCHEN EXPERTS' CLAIM

         Begin Part B regardless of how you answered the earlier questions.

         6. John Lupo, Christopher Cardinal, and Kitchen Experts of California, Inc. entered a contract called the Stock Purchase Agreement. Did Kitchen Experts of California, Inc. do all, or substantially all, of the significant things that the contract required it to do?

         __Yes __No

         If your answer to Question 6 is “Yes, ” do not answer Question 7, and instead continue to Question 8. If your answer to Question 6 is “No, ” continue to Question 7.

         7. Was Kitchen Experts of California, Inc. excused from having to do all, or substantially all, of the significant things that the contract required him to do?

         __Yes __No

         If your answer to Question 7 is “Yes, ” continue to Question 8. If your answer to Question 7 is “No, ” do not answer any further questions in Part B, and instead continue to Part C.

         8. Did John Lupo fail to do something that Section 4.7 (Non-Solicitation Covenant) of the contract required him to do?

         __Yes __No

         If your answer to Question 8 is “Yes, ” continue to Question 9. If your answer to Question 8 is “No, ” do not answer any further questions in Part B, and instead continue to Part C.

         9. Was Kitchen Experts of California, Inc. harmed by John Lupo's breach of contract?

         Yes No If your answer to Question 9 is “Yes, ” continue to Question 10. If your answer to Question 9 is “No, ” do not answer any further questions in Part B, and instead continue to Part C.

         10. What are Kitchen Experts of California, Inc.'s damages for John Lupo's breach of contract?

         $____

         Continue ...


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