Free Proposed Form of Verdict - District Court of California - California

Case 3:07-cv-02748-MHP

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WILLIAM R. HILL, #114954 [email protected] ANDREW S. MACKAY, #197074 [email protected] SARA J. ROMANO, #227467 [email protected] DONAHUE GALLAGHER WOODS LLP Attorneys at Law 300 Lakeside Drive, Suite 1900 Oakland, California 94612-3570 P.O. Box 12979 Oakland, California 94604-2979 Telephone: (510) 451-0544 Facsimile: (510) 832-1486 Attorneys for Plaintiff/Counterdefendant MARK LILLGE d/b/a CREATIVE MARKETING CONCEPTS UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MARK LILLGE d/b/a CREATIVE MARKETING CONCEPTS, Plaintiff, v. ANDREW VERITY and CHRISTINA CHANG, Defendants. ANDREW VERITY and CHRISTINA CHANG, Counterclaimants, v. MARK LILLGE d/b/a CREATIVE MARKETING CONCEPTS, and DOES 110, Counterdefendants. CASE NO. C 07-02748 MHP PLAINTIFF'S PROPOSED VERDICT FORMS Date: Time: Dept.: Judge: May 6, 2008 8:30 a.m. Courtroom 15, 18th Floor Hon. Marilyn H. Patel

PLAINTIFF'S PROPOSED VERDICT FORMS

CASE NO. C 07-02748 MHP

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Plaintiff MARK LILLGE d/b/a CREATIVE MARKETING CONCEPTS ("CMC") hereby submits the following Proposed Verdict Forms. Dated: April 14, 2008 DONAHUE GALLAGHER WOODS LLP By: /s/ William R. Hill Andrew S. MacKay Sara J. Romano Attorneys for Plaintiff/Counterdefendant MARK LILLGE d/b/a CREATIVE MARKETING CONCEPTS

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CASE NO. C 07-02748 MHP

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PLAINTIFF'S VERDICT FORM NO. 1 (Determination of Whether Information is Trade Secret) We answer the questions submitted to us as follows: Was any of the following information secret? a. The list of CMC customers that Plaintiff has developed over the past fifteen years, through substantial time, effort, and expense; The pricing that CMC charges each specific customer; CMC's actual and desired profit margin for each customer; CMC's strategic plans regarding which customers it wishes to target, and those that it does not wish to target; The purchasing history of CMC's customers; The knowledge of when a customer will be due for renewal orders based upon those customers' prior transactions with CMC; Specific customer requirements, preferences, and limitations, including particular buying habits, needs and dislikes; Negative knowledge regarding goods that certain customers have refused to purchase or no longer wish to purchase; or CMC's confidential marketing and financial plans, proposals and projections. _____ No _____Yes

If your answer to question 1 is YES, then answer question 2. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Was the information actually or potentially valuable, giving CMC a substantial business _____Yes _____ No

advantage over its competitors, because the information was secret? If your answer to question 2 is YES, then answer question 3. -2-

PLAINTIFF'S PROPOSED VERDICT FORMS

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If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Did CMC make reasonable efforts to keep the information secret? _____Yes _____ No

Signed: ___________________________________ Presiding Juror Dated: _____________________ After all verdict forms have been signed, deliver this verdict form to the clerk. If you answered YES to all three questions on this form, please proceed to Plaintiff's Verdict Form No. 2. If you answered NO to any of the three questions on this form, DO NOT FILL OUT PLAINTIFF'S VERDICT FORM NOS. 2 AND 3; instead proceed to Plaintiff's Verdict Form No. 4.

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PLAINTIFF'S VERDICT FORM NO. 2 (Misappropriation--Andrew Verity) We answer the questions submitted to us as follows: Did Andrew Verity improperly use or disclose CMC's trade secrets? _____Yes _____ No If your answer to question 1 is YES, then answer question 2. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Was CMC harmed or was Andrew Verity unjustly enriched? _____Yes _____ No If your answer to question 2 is YES, then answer question 3. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Was Andrew Verity's use or disclosure a substantial factor in causing CMC's harm or _____Yes _____ No

Andrew Verity to be unjustly enriched? If your answer to question 3 is YES, then answer question 4. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. What are CMC's damages? a. Past economic loss Lost profits Other past economic loss Future economic loss Lost profits Other future economic loss $ ___________________ $ ___________________ -4$ ___________________ $ ___________________ $ ___________________

Total Past Economic Damages:

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Total Future Economic Damages: Signed: ___________________________________ Presiding Juror Dated: _____________________

$ ___________________

After all verdict forms have been signed, deliver this verdict form to the clerk. Please proceed to Plaintiff's Verdict Form No. 3

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PLAINTIFF'S VERDICT FORM NO. 3 (Misappropriation--Christina Chang) We answer the questions submitted to us as follows: Did Christina Chang improperly use or disclose CMC's trade secrets? _____Yes _____ No If your answer to question 1 is YES, then answer question 2. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Was CMC harmed or Christina Chang unjustly enriched? _____Yes _____ No

If your answer to question 2 is YES, then answer question 3. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Was Christina Chang's use or disclosure a substantial factor in causing CMC's harm or _____Yes _____ No

Christina Chang to be unjustly enriched? If your answer to question 3 is YES, then answer question 4. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. What are CMC's damages? a. Past economic loss Lost profits Other past economic loss Future economic loss Lost profits Other future economic loss $ ___________________ $ ___________________ -6$ ___________________ $ ___________________ $ ___________________

Total Past Economic Damages:

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Total Future Economic Damages: Signed: ___________________________________ Presiding Juror Dated: _____________________

$ ___________________

After all verdict forms have been signed, deliver this verdict form to the clerk. Please proceed to Plaintiff's Verdict Form No. 4.

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PLAINTIFF'S VERDICT FORM NO. 4 (Conspiracy--Misappropriation--Andrew Verity) We answer the questions submitted to us as follows: Was Andrew Verity aware that Christina Chang planned to misappropriate CMC's trade _____Yes _____ No secrets? If your answer to question 1 is YES, then answer question 2. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Andrew Verity agree with Christina Chang and intend that the trade secret _____Yes _____ No

misappropriation be committed?

Signed: ___________________________________ Presiding Juror Dated: _____________________ After all verdict forms have been signed, deliver this verdict form to the clerk. Please proceed to Plaintiff's Verdict Form No. 5.

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PLAINTIFF'S VERDICT FORM NO. 5 (Conspiracy--Misappropriation--Christina Chang) We answer the questions submitted to us as follows: Was Christina Chang aware that Andrew Verity planned to misappropriate CMC's trade _____Yes _____ No secrets? If your answer to question 1 is YES, then answer question 2. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Christina Chang agree with Andrew Verity and intend that the trade secret _____Yes _____ No

misappropriation be committed?

Signed: ___________________________________ Presiding Juror Dated: _____________________ After all verdict forms have been signed, deliver this verdict form to the clerk. Please proceed to Plaintiff's Verdict Form No. 6.

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PLAINTIFF'S VERDICT FORM NO. 6 (Conspiracy--Intentional Interference with Prospective Economic Relations --Andrew Verity) We answer the questions submitted to us as follows: Was Andrew Verity aware that Christina Chang planned to intentionally interfere with _____Yes _____ No CMC's prospective economic relations with its customer or customers? If your answer to question 1 is YES, then answer question 2. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Andrew Verity agree with Christina Chang and intend that the interference with _____Yes _____ No

CMC's prospective economic relations with its customer or customers be committed?

Signed: ___________________________________ Presiding Juror Dated: _____________________ After all verdict forms have been signed, deliver this verdict form to the clerk. Please proceed to Plaintiff's Verdict Form No. 7.

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PLAINTIFF'S VERDICT FORM NO. 7 (Conspiracy--Intentional Interference with Prospective Economic Relations --Christina Chang) We answer the questions submitted to us as follows: Was Christina Chang aware that Andrew Verity planned to intentionally interfere with _____Yes _____ No CMC's prospective economic relations with its customer or customers? If your answer to question 1 is YES, then answer question 2. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Christina Chang agree with Andrew Verity and intend that the interference with _____Yes _____ No

CMC's prospective economic relations with its customer or customers be committed?

Signed: ___________________________________ Presiding Juror Dated: _____________________ After all verdict forms have been signed, deliver this verdict form to the clerk. Please proceed to Plaintiff's Verdict Form No. 8.

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PLAINTIFF'S PROPOSED VERDICT FORM NO. 8 (Breach of Fiduciary Duty of Loyalty--Andrew Verity) We answer the questions submitted to us as follows: Did Andrew Verity knowingly use confidential information belonging to CMC for his _____Yes _____ No own benefit?

If your answer to question 1 is YES, then answer question 2. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Did CMC give informed consent to Andrew Verity's conduct? _____Yes _____ No

If your answer to question 2 is NO, then answer question 3. If you answered YES, stop here, answer no further questions, and have the presiding juror sign and date this form. Was CMC was harmed? _____Yes _____ No

If your answer to question 3 is YES, then answer question 4. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Was Andrew Verity's conduct a substantial factor in causing CMC's harm? _____Yes _____ No

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After all verdict forms have been signed, deliver this verdict form to the clerk. Please proceed to Plaintiff's Verdict Form No. 9

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PLAINTIFF'S PROPOSED VERDICT FORM NO. 9 (Breach of Fiduciary Duty of Loyalty--Christina Chang) We answer the questions submitted to us as follows: Did Christina Chang knowingly use confidential information belonging to CMC _____ No for her own benefit? _____Yes

If your answer to question 1 is YES, then answer question 2. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Did CMC give informed consent to Christina Chang's conduct? _____Yes _____ No

If your answer to question 2 is NO, then answer question 3. If you answered YES, stop here, answer no further questions, and have the presiding juror sign and date this form. Was CMC was harmed? _____Yes _____ No

If your answer to question 3 is YES, then answer question 4. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Was Christina Chang's conduct a substantial factor in causing CMC's harm? _____Yes _____ No

Signed: ___________________________________ Presiding Juror Dated: _____________________ -14-

PLAINTIFF'S PROPOSED VERDICT FORMS

CASE NO. C 07-02748 MHP

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After all verdict forms have been signed, deliver this verdict form to the clerk. Please proceed to Plaintiff's Verdict Form No. 10.

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PLAINTIFF'S PROPOSED VERDICT FORM NO. 10 (Breach of Fiduciary Duty of Confidentiality--Andrew Verity) We answer the questions submitted to us as follows: Did Andrew Verity have information relating to CMC that he knew or should have known _____Yes _____ No was confidential?

If your answer to question 1 is YES, then answer question 2. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Andrew Verity use CMC's confidential information for his own benefit? _____Yes _____ No

If your answer to question 2 is YES, then answer question 3. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Did CMC give informed consent to Andrew Verity's conduct? _____Yes _____ No

If your answer to question 3 is NO, then answer question 4. If you answered YES, stop here, answer no further questions, and have the presiding juror sign and date this form. Was this confidential information a matter of general knowledge? _____Yes _____ No

If your answer to question 4 is NO, then answer question 5. If you answered YES, stop here, answer no further questions, and have the presiding juror sign and date this form. -16-

PLAINTIFF'S PROPOSED VERDICT FORMS

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5.

Was CMC was harmed? _____Yes _____ No

If your answer to question 5 is YES, then answer question 6. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. 6. Was Andrew Verity's conduct a substantial factor in causing CMC's harm? _____Yes _____ No

Signed: ___________________________________ Presiding Juror Dated: _____________________ After all verdict forms have been signed, deliver this verdict form to the clerk. Please proceed to Plaintiff's Verdict Form No. 11

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PLAINTIFF'S PROPOSED VERDICT FORM NO. 11 (Breach of Fiduciary Duty of Confidentiality--Christina Chang) We answer the questions submitted to us as follows: Did Christina Chang have information relating to CMC that she knew or should _____ No have known was confidential? _____Yes

If your answer to question 1 is YES, then answer question 2. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Christina Chang use CMC's confidential information for her own benefit? _____Yes _____ No

If your answer to question 2 is YES, then answer question 3 If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Did CMC give informed consent to Christina Chang's conduct? _____Yes _____ No

If your answer to question 3 is NO, then answer question 4. If you answered YES, stop here, answer no further questions, and have the presiding juror sign and date this form. Was this confidential information a matter of general knowledge? _____Yes _____ No

If your answer to question 4 is NO, then answer question 5. If you answered YES, stop here, answer no further questions, and have the presiding juror sign and date this form. -18-

PLAINTIFF'S PROPOSED VERDICT FORMS

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Was CMC was harmed? _____Yes _____ No

If your answer to question 5 is YES, then answer question 6. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. 6. Was Christina Chang's conduct a substantial factor in causing CMC's harm? _____Yes _____ No

Signed: ___________________________________ Presiding Juror Dated: _____________________ After all verdict forms have been signed, deliver this verdict form to the clerk. Please proceed to Plaintiff's Verdict Form No. 12

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PLAINTIFF'S VERDICT FORM NO. 12 (Intentional Interference With Prospective Economic Advantage--Andrew Verity) We answer the questions submitted to us as follows: Did CMC have an economic relationship or relationships with a customer or customers _____Yes _____ No that probably would have resulted in an economic benefit to CMC? If your answer to question 1 is YES, then answer question 2. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Andrew Verity know of the relationship or relationships? _____Yes _____ No

If your answer to question 2 is YES, then answer question 3. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Andrew Verity intend to disrupt the relationship or relationships? _____Yes _____ No If your answer to question 3 is YES, then answer question 4. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Andrew Verity engage in wrongful conduct by doing any of the following: a. b. c. d. Breaching his duty of loyalty to CMC; Breaching his duty of confidentiality to CMC; Conspiring with Christina Chang to commit trade secret misappropriation; or Conspiring with Christina Chang to intentionally interfere with CMC's _____ No

prospective economic relations with its customer(s)? _____Yes If your answer to question 4 is YES, then answer question 5.
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If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Was the relationship(s) disrupted? _____Yes _____ No

If your answer to question 5 is YES, then answer question 6. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Was Andrew Verity's wrongful conduct a substantial factor in causing harm to CMC? _____Yes _____ No

If your answer to question 6 is YES, then answer question 7. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. What are CMC's damages? a. Past economic loss Lost profits Other past economic loss b. Future economic loss Lost profits Other future economic loss $ ___________________ $ ___________________ $ ___________________ $ ___________________ $ ___________________ $ ___________________

Total Past Economic Damages:

Total Future Economic Damages: Signed: ___________________________________ Presiding Juror Dated: _____________________

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After all verdict forms have been signed, deliver this verdict form to the clerk. Please proceed to Plaintiff's Verdict Form No. 13.

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PLAINTIFF'S VERDICT FORM NO. 13 (Intentional Interference With Prospective Economic Advantage--Christina Chang) We answer the questions submitted to us as follows: 1. Did CMC have economic relationship or relationships with a customer or _____ No customers that probably would have resulted in an economic benefit to CMC? _____Yes If your answer to question 1 is YES, then answer question 2. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Christina Chang know of the relationship or relationships? _____Yes _____ No

If your answer to question 2 is YES, then answer question 3. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Christina Chang intend to disrupt the relationship or relationships? _____Yes _____ No If your answer to question 3 is YES, then answer question 4. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Did Christina Chang engage in wrongful conduct by doing any of the following: a. b. c. d. Breaching her duty of loyalty to CMC; Breaching her duty of confidentiality to CMC; Conspiring with Andrew Verity to commit trade secret misappropriation; or Conspiring with Andrew Verity to intentionally interfere with CMC's prospective _____ No

economic relations with its customer(s)? _____Yes If your answer to question 4 is YES, then answer question 5.
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If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Was the relationship(s) disrupted? _____Yes _____ No

If your answer to question 5 is YES, then answer question 6. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. Was Christina Chang's wrongful conduct a substantial factor in causing harm to CMC? _____Yes _____ No

If your answer to question 6 is YES, then answer question 7. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. What are CMC's damages? a. Past economic loss Lost profits Other past economic loss b. Future economic loss Lost profits Other future economic loss $ ___________________ $ ___________________ $ ___________________ $ ___________________ $ ___________________ $ ___________________

Total Past Economic Damages:

Total Future Economic Damages: Signed: ___________________________________ Presiding Juror Dated: _____________________

After all verdict forms have been signed, deliver this verdict form to the clerk. Please proceed to Plaintiff's Verdict Form No. 14.
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PLAINTIFF'S PROPOSED VERDICT FORM NO. 14 (Punitive Damages--Misappropriation of Trade Secrets--Andrew Verity) If you answered NO to at least one of the questions on Plaintiff's Verdict Form No. 2, then STOP, DO NO NOT FILL OUT THIS FORM, and please proceed to Plaintiff's Verdict Form No. 13. If you answered YES to ALL THREE QUESTIONS on Plaintiffs' Verdict Form No. 2, then please fill out this form. We answer the questions submitted to us as follows: 1. Did Andrew Verity misappropriate CMC's trade secrets willfully and maliciously? _____Yes _____ No

Signed: ___________________________________ Presiding Juror Dated: _____________________ After all verdict forms have been signed, deliver this verdict form to the clerk. Please proceed to Plaintiff's Verdict Form No. 15.

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PLAINTIFF'S PROPOSED VERDICT FORM NO. 15 (Punitive Damages--Misappropriation of Trade Secrets--Christina Chang) If you answered NO to at least one of the questions on Plaintiff's Verdict Form No. 3, then STOP, DO NO NOT FILL OUT THIS FORM, and please proceed to Plaintiff's Verdict Form No. 14. If you answered YES to ALL THREE QUESTIONS on Plaintiffs' Verdict Form No. 3, the please fill out this form. We answer the questions submitted to us as follows: 1. Did Christina Chang misappropriate CMC's trade secrets willfully and maliciously? _____Yes _____ No

Signed: ___________________________________ Presiding Juror Dated: _____________________ After all verdict forms have been signed, deliver this verdict form to the clerk. Please proceed to Plaintiff's Verdict Form No. 16.

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PLAINTIFF'S PROPOSED VERDICT FORM NO. 16 (Punitive Damages--Intentional Interference with Prospective Economic Relations-- Andrew Verity) If you answered NO to at least one of the questions on Plaintiff's Verdict Form No. 12, then STOP, DO NO NOT FILL OUT THIS FORM, and please proceed to Plaintiff's Verdict Form No. 17. If you answered YES to ALL THREE QUESTIONS on Plaintiffs' Verdict Form No. 12, the please fill out this form. We answer the questions submitted to us as follows: 1. Did Andrew Verity intentionally interfere with CMC's prospective economic relations _____Yes _____ No with its customer or customers with malice, oppression, or fraud? If your answer to question 1 is YES, then answer question 2. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. What amount of punitive damages, if any, do you award CMC? _______________ $ Signed: ___________________________________ Presiding Juror Dated: _____________________ After all verdict forms have been signed, deliver this verdict form to the clerk. Please proceed to Plaintiff's Verdict Form No. 17.

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PLAINTIFF'S PROPOSED VERDICT FORM NO. 17 (Punitive Damages--Intentional Interference with Prospective Economic Relations-- Christina Chang) If you answered NO to at least one of the questions on Plaintiff's Verdict Form No. 13, then STOP, DO NO NOT FILL OUT THIS FORM, and please proceed to Plaintiff's Verdict Form No. 18. If you answered YES to ALL THREE QUESTIONS on Plaintiffs' Verdict Form No. 13, the please fill out this form. We answer the questions submitted to us as follows: 1. Did Christina Chang intentionally interfere with CMC's prospective economic relations _____Yes _____ No with its customer or customers with malice, oppression, or fraud? If your answer to question 1 is YES, then answer question 2. If you answered NO, stop here, answer no further questions, and have the presiding juror sign and date this form. What amount of punitive damages, if any, do you award CMC? _______________ $ Signed: ___________________________________ Presiding Juror Dated: _____________________ After all verdict forms have been signed, deliver this verdict form to the clerk. Please proceed to Plaintiff's Verdict Form No. 18.

PLAINTIFF'S PROPOSED VERDICT FORMS

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CASE NO. C 07-02748 MHP

Case 3:07-cv-02748-MHP

Document 159

Filed 04/14/2008

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PLAINTIFF'S PROPOSED VERDICT FORM NO. 18 (Setoff) We answer the questions submitted to us as follows: What amount of money should be "set off" against any damages you awarded, if any, to $ _________________________ Signed: ___________________________________ Presiding Juror Dated: _____________________ After all verdict forms have been signed, deliver this verdict form to the clerk. Andrew Verity?

PLAINTIFF'S PROPOSED VERDICT FORMS

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CASE NO. C 07-02748 MHP