Sitrick

MEMORANDUM **

Appellants, Michael Sitrick and Ryan Kavanaugh (collectively “Sitrick”), have waived their argument that the district court failed to adequately instruct the jury as to how to determine insured capacity because they did not object to the instruction at trial on that basis and do not meet the elements of the pointless formali *157 ty rule set forth in Gulliford v. Pierce County, 136 F.3d 1345, 1348 (9th Cir.1998). Nothing about Sitrick’s proposed instruction or his formal exception to the district court’s proposed instruction brought into focus the precise error now alleged on appeal, as required by Rule 51. In any event, the district court’s instruction correctly stated the applicable law and Sitrick offers no authority for the proposition that an insured capacity instruction must include more detailed information to guide the jury’s deliberation.

Further, we reject Sitrick’s argument that the jury decided a question of law. The jury was asked to determine whether the facts, as they decided them, led to the conclusion that Mr. Kavanaugh was acting in whole or in part in his capacity as a director of PreNet. Ultimately, the jury concluded that he was not. We must…