Is the Plaintiff required to allocate compensatory damages among mutiple parties accused of contract interference - please site prevailing case law
Country relating to Question: United States
State (if USA): California
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow ups and my replies because I am typing out my answer, or taking a quick break.Yes. California is a pure comparative negligence doctrine state. In a pure comparative negligence system, a judge or jury assigns a percentage of fault to each responsible party and then apportions the damage award accordingly. This is prevalent in CA's stare decisis."The assigning of a specific percentage factor to the amount of negligence attributable to a particular party, while in theory a matter of little difficulty, can become a matter of perplexity in the face of hard facts." Li v. Yellow Cab Co., 532 P. 2d 1226 - Cal: Supreme Court 1975.I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:http://www.justanswer.com/law/expert-elyJD/
If the Plaintiff's expert does not apportion economic damages and leaves it to a jury to decide, has the Plaintiff proved "damages"
Hello,Well, "provided" does not carry a legal meaning. What do you mean by provided? The answer is yes in that the Plaintiff has provided his argument to the Jury in regards XXXXX XXXXX damages, but it would be up to the Jury to (1) agree that damages exist, and (2) apportion it.The Jury would do so by answering a questionnaire based on questions provided under the guise of the Court, modeled after the model questions of Judicial Council of California Civil Jury Instructions (CACI):http://www.courts.ca.gov/partners/documents/caci_2012_edtion.pdfGood luck, and please do not forget to press reply to continue the conversation, or accept once you feel you have received the information you needed.
What happens if the jury was given no basis to apportion damages - has the Plaintiff proved their "damages" claim - please site case law
The Court normally would instruct the Jury, and in doing so, would request that the damages be apportioned. If not, then either side may appeal for a New Trial based on error. When the jury receives an improper instruction in a civil case, prejudice will generally be found only "`[w]here it seems probable that the jury's Verdict may have been based on the erroneous instruction....'" (LeMons v. Regents of University of California, supra, 21 Cal.3d 869, 875, quoting Robinson v. Cable (1961) 55 Cal.2d 425, 428 [11 Cal. Rptr. 377, 359 P.2d 929].) That assessment, in turn, requires evaluation of several factors, including the evidence, counsel's arguments, the effect of other instructions, and any indication by the jury itself that it was misled. (Pool v. City of Oakland, supra, 42 Cal.3d 1051, 1069-1070.)Good luck, and please do not forget to press reply to continue the conversation, or accept once you feel you have received the information you needed.
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).