George and Kathleen Knevelbaard, et al. - Page 14

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            they were not liable for claims arising out of the contract                               
            between Knudsen and the milk producers for delivered and unpaid                           
            raw milk.  Judge Tenner had seen the depositions and answers to                           
            interrogatories filed by dozens of dairy farmers.  He expressed                           
            strong views that a jury would not care about the "technical                              
            details" but would be very sympathetic to the milk producers'                             
            individual testimony about claimed distress.7                                             
                  The judge told the Bank Defendants' counsel that in front of                        
            a jury, they could "get killed", because they were representing                           
            five large financial institutions, and plaintiffs were a thousand                         
            dairy farmers around the State of California.                                             
                  Although the parties had indicated to Judge Tenner at the                           
            settlement hearing that the entire amount would be attributed to                          
            negligent infliction of emotional distress, the final written                             
            agreement attributed $19,328,966 to that claim and $671,034 to                            
            negligent interference with contractual relationship (the fourth                          
            cause of action in the Complaint, which also sought both general                          
            damages and damages for mental suffering and emotional distress).                         
            The parties wanted to be sure all plaintiffs, including entities,                         
            were covered by the settlement.                                                           




                  7     Respondent objected to the admission of Judge Tenner's                        
            comments as hearsay.  Those comments are received not for the                             
            truth of the matter asserted but for the effect of Judge Tenner's                         
            views on the chief negotiator for the Bank Defendants.                                    




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