Special Verdict Forms

A new trial was required on plaintiff's promissory fraud claim due to inconsistent special verdicts.  The jury had found that the individual defendant did not commit fraud while the corporate defendant did.  Since the corporation had made promises to plaintiff only through the individual defendant's communications with him, the two verdicts were inconsistent.  When special verdicts are inconsistent, the court… Read More

Following White v. Square, Inc. (2019) 7 Cal.5th 1019, this decision holds that the trial court did not err in instructing the jury and in submitting a special verdict form to them which required plaintiff to prove that she intended to use Omni Hotel's services by booking a reservation or use the website to ascertain Omni's prices and availability for… Read More

Plaintiff was entitled to a new trial because the jury’s damages award did not match the cause of action on which the jury found liability.  Read More