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Torbov v. Cenlar Agency, Inc, 14-cv-00130-BLF. (2018)

Court: District Court, N.D. California Number: infdco20180208916 Visitors: 13
Filed: Feb. 07, 2018
Latest Update: Feb. 07, 2018
Summary: JUDGMENT BETH LABSON FREEMAN , District Judge . A jury trial having been commenced on February 5, 2018, and the jury having rendered its verdict on February 6, 2018, IT IS ORDERED AND ADJUDGED that, consistent with the jury's verdict attached hereto, judgment is entered in favor of Defendants Cenlar FSB and Nationstar Mortgage LLC and against Plaintiff Tsvetan S. Torbov. Defendants Cenlar FSB and Nationstar Mortgage LLC shall recover costs from Plaintiff Tsvetan S. Torbov.811811412 UNIT
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JUDGMENT

A jury trial having been commenced on February 5, 2018, and the jury having rendered its verdict on February 6, 2018,

IT IS ORDERED AND ADJUDGED that, consistent with the jury's verdict attached hereto, judgment is entered in favor of Defendants Cenlar FSB and Nationstar Mortgage LLC and against Plaintiff Tsvetan S. Torbov.

Defendants Cenlar FSB and Nationstar Mortgage LLC shall recover costs from Plaintiff Tsvetan S. Torbov.811811412

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION TSVETEN S. TORBOV, Plaintiff, Case No. 14-cv-00130-BLF v. VERDICT FORM CENLAR AGENCY, INC., et al., Defendants.

SECTION 1

VERDICT FORM — BREACH OF CONTRACT

We answer the questions submitted to us as follows:

1. Did Mr. Torbov and Cenlar/Nationstar enter into a contract?

X Yes _________ No

If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, and go to Section 2.

2. Did Mr. Torbov do all, or substantially all, of the significant things that the contract required him to do, or was Mr. Torbov 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, then answer question 3. If you answered no, stop here, and go to Section 2.

3. Did Cenlar/Nationstar fail to do something that the contract required it to do?

_______ Yes _______ No

Or

Did Cenlar/Nationstar do something that the contract prohibited it from doing?

________ Yes _________ No

If your answer to either option for question 3 is yes, then answer question 4. If you answered no to both options, stop here, and go to Section 2.

4. Was Mr. Torbov harmed by CenlariNationstar's breach of contract?

_______ Yes ________No

Go to Section 2.

SECTION 2

VERDICT FORM — BREACH OF COVENANT OF GOOD FAITH AND FAIR DEALING

We answer the questions submitted to us as follows:

5. Did Mr. Torbov and Cenlar/Nationstar enter into a contract?

X Yes _________ No

If your answer to question 5 is yes, then answer question 6. If you answered no, stop here, and go to Section 3.

6. Did Mr. Torbov do all, or substantially all, of the significant things that the contract required him to do, or was Mr. Torbov excused from having to do all, or substantially all, of the significant things that the contract required him to do?

________ Yes X No

If your answer to question 6 is yes, then answer question 7. If you answered no, stop here, and go to Section 3.

7. Did Cenlar/Nationstar unfairly interfere with Mr. Torbov's right to receive the benefits of the contract?

_______ Yes __________ No

If your answer to question 7 is yes, then answer question 8. If you answered no, stop here, and go to Section 3.

8. Was Mr. Torbov harmed by Cenlar/Nationstar's interference?

_________ Yes ___________ No

Go to Section 3, Damages.

SECTION 3

VERDICT FORM — DAMAGES

If you answered yes to either question 4 and/or question 8, answer question 9. If you answered no to question 1, 2, 3 or 4 and no to question 5, 6, 7 or 8, stop here, answer no further questions and have your presiding juror sign and date this form.

9. What are Mr. Torbov's damages?

&______________

Answer question 10.

10. Did Mr. Torbov fail to use reasonable efforts to mitigate his damages?

_________ Yes ___________ No

If your answer to question 10 is yes, then answer question 11. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

11. What portion the total damages could Mr. Torbov have avoided?9629621703

___________% Signed:______________________ (Presiding Juror) Dated:2/6/, 2018

After all verdict forms have been signed, notify the clerk that you are ready to present your verdict in the courtroom.

Source:  Leagle

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