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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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