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					 1   RICHARD DOYLE, City Attorney (88625)
     NORA FRIMANN, Assistant City Attorney (93249)
 2   ARDELL JOHNSON, Chief. Deputy City Attorney (95340)
     RICHARD D. NORTH, Deputy City Attorney (171070)
 3   Office of the City Attorney
     200 East Santa Clara Street, 16th Floor
 4   San Jose, California 95113-1905
     Telephone Number: (408) 535-1900
 5   Facsimile Number: (408) 998-3131
     E-Mail Address: cao.main@sanjoseca.gov
 6
     Attorneys for Defendant, CITY OF SAN JOSE
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                                SUPERIOR COURT OF CALIFORNIA
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                                        COUNTY OF SANTA CLARA
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                                        UNLIMITED JURISDICTION
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      MIKE C. BERNAL, et al.,                      Case Number: 1-08-CV116141
12
                          Plaintiffs,              JUDGI~IENT ON VERDICTS IN JURY
13                                                 TRIAL
                   V.
14
      THE CITY OF SAN JOSE, et al.,
15
                          Defendant.
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19          The above-entitled matter came regularly for jury trial o[~ December 17, 2012 in

2O Department 12, the Honorable Aaron Persky presiding. All plaintiffs, except Nanetta Bernal-
21 Mendoza and Diana BernaI-Tuyor, had dismissed their claims and causes of action prior to
22 trial. John A. Shepardson and Matthew D. Rose appeared for plaintiffs, Nanetta Bernal-
23 Mendoza and Diana BernaI-Tuyor. The Office of the City Attorney, by Ardell Johnson and
24 Richard D. North, appeared for defendant, City of San Jose.
25       A jury of 12 persons was impaneled and sworn. Witnesses were sworn and testified.

26 After hearing the evidence and arguments of attorneys, the jury was instructed by the Court
27 and retired to consider its verdict. The jury rendered a separate special verdict on the claim
28 of plaintiff, Nanetta BernaI-Mendoza, attached as Exhibit A to this Judgment, and a separate


     JUDGMENT ON VERDICTS IN JURY TRIAL                                                   935123
 1   special verdict on the claim of plaintiff, Diana BernaI-Tuyor, attached as Exhibit B to this
 2   Judgment. Pursuant to the attached jury verdicts,
 3         IT IS ADJUDGED that
 4         1.     Plaintiffs, Nanetta BernaI-Mendoza and Diana BernaI-Tuyor shall recover
 5         nothing from defendant, City of San Jose; and
 6         2.     Defendant, City of San Jose, shall recover against plaintiffs, jointly and
 7         severally, costs in the amount of $
 8
     Date: January__, 2013
 9                                           Hon. Aaron Persky.
10                                           Judge, Santa Clara County Superior Court

11
12 Approved as to form:
13
14
   JOHN A. SHEPARDSON,
15 Attorney for plaintiffs, Nanetta BernaI-Mendoza
   and Diana BernaI-Tuyor
16
17
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19
2O
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                                                ,2
     JUDGMENT ON VERDICTS IN JURY TRIAL                                                        935123
We answer the questions submi~ed to us as follows:

      1.      Did Ci~ of San Jose, by acting or failing to act, create a condition that was
              hahN1 to health?                                                                ~elicia Samo,

                         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.

              Did the condition affect a substantial number of people at the same time?

                          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.

              Would an ordinary person have been reasonably annoyed or disturbed by the
              condition?

                          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 the seriousness of the harm outweigh the social utility of City of San Jose’s
              conduct?

                          Yes                           No

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

              Did Nanetta Bernal Mendoza consent to City of San Jose’ s conduct?

                          Yes                           No

              If your answer to question 5 is no, then answer question 6. If you answered yes,
              stop here, answer no further questions, and have the presiding juror sign and date
              this form.
         o    Did Nanetta Bernal Mendoza suffer harm that was different from the type of harm
              suffered by the general public?

                           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.

         °    Was City of San Jose’s conduct a substantial factor in causing Nanetta Bemal
              Mendoza’s harm?

                           Yes                        ~N~o


              If your answer to question 7 is yes, then answer question 8. If you answered no,
              stop here, answer no further questions, and have the presiding juror sign and date
              this form.

         o     What are Nanetta Bemal Mendoza’s damages?

                      Past economic !oss
                          medical expenses                               $
                                                      Total Past Economic Damages: $

              bo      Future economic loss
                         medical expenses
                         Future medical monitoring                   $
                                                Total Future Economic Damages: $

                      Past noneconomic loss, including physical pain and mental
                      suffering:                                                $

              do      Future noneconomic loss, including physical pain and mental
                      suffering:                                                 $

                                                                              TOTAL $




Dated:

After this verdict has been signed, notify the bailiff that you are ready to present your verdict in
the courtroom.

                                                 2
                                                                            F
We answer the questions submitted to us as follows:

              Did City of San Jose, by acting or failing to act, create a
              harmful to health?                                                             Fe cia Samoy

                     __ Yes                        ]f_ 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.

              Did the condition affect a substantial number of people at the same time?

                          Yes                            No

              If your answer to question 2 is yes, the~. answer question 3. If you answered no,.
              stop here, answer no further questions, a_n.d have the presiding juror sign and date
              this form.

              Would an ordinary person have been reasonably annoyed or disturbed by the
              condition?

                          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 the seriousness of the ha.nn outweigh the social utility of City of San Jose’s
              conduct?

                          Yes                            No

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

              Did Diana Bemal-Tuyor consent to City of San Jose’s conduct?

                           Yes                           No

              If your answer to question 5 is no, then answer question 6. If you answered yes,
              stop here, answer no further questions, and have the presiding juror sign and date
              this form.
               Did Diana Bernal-Tuyor suffer harm that was different from the type of harm
               suffered by the. general public?

                           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 ju, ror sign and date
               this form.

              .Was City of San Jose’s conduct a substantial factor in causing Diana Bernal-
               Tuyor’s harm?

                           Yes                            No

               If your answer to question 7 is yes, then answer q~testion 8. If you answered no,
               stop here, answer no further questions, and have the presiding juror sign and date
              ¯ this form.

               What are Diana Bemal-,Twor’s damages?
               go      Past economic loss
                           medical expenses
                                                      Total Past Economic Damages: $

                       Future economic loss
                          medical expenses                           $
                          Future medical monitoring                  $
                                                Total Future Economic Damages: $

                       Past noneconomic loss, including physical pain and mental
                       suffering:

               do      Future noneconomic loss, including physical pain and mental $
                       suffering:

                                                                              TOTAL $


Signed: __


Dated:

After this verdict has been signed, notify the bailiff that you are ready to present your verdict in
the courtroom.

				
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