Diaz

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 OWEN DIAZ, Case No. 3:17-cv-06748-WHO

Plaintiff,

ORDER EXPLAINING JURY

v. INSTRUCTION

TESLA, INC., et al., Defendants.

12 The parties have disputed the jury instruction entitled “Liability for Civil Rights Violations Based on Contractual Relationship.” This Order explains why I adopted my formulation of the disputed language. It assumes familiarity with this case. Diaz’s instruction would state,

Plaintiff need not have signed the contract, nor have been a party to the contract, in order to have rights under the contract. Plaintiff can establish his rights under the contract if he shows that he received benefits or privileges under the contractual relationship between Tesla and nextSource or Citistaff, and the benefits or privileges were not incidental or 19 remote. 20 Tesla objected at the jury instruction meeting to referencing nextSource because it is not alleged to 21 be in a contractual relationship with Diaz. 22 I will…