Tom Harris and Jake Carson had been sports and political rivals ever since high school. They competed on the same teams and were of equal physical ability. In track and swimming races, Tom would come in first in one race, Jake would come in first in the next race, and then they would tie each other for first in a third race. Either Tom or Jake had been class president each of their four years in high school. Jake had been class president of the freshman and senior classes; Tom had been class president of the sophomore and junior classes. Their friends speculated that the rivalry would continue in college. They both attended Collegiate University in nearby University Town. As freshmen, they pledged to two rival fraternities; Tom pledged Collegiate Alphas and Jake pledged Collegiate Betas. What had been friendly rivalry in high school gradually turned nasty during their years at the University. The Alphas pulled all sorts of pranks on the Betas and tried to discredit the Betas in the university community. The Betas did the same to the Alphas. In the fall of their senior year at the University, Tom and Jake both decided to run for student body president. There was a lot of mudslinging during the campaign. At one point, it was rumored that Jake was gay. The rumors were traced back to the Alphas. Although no one seemed to believe the rumor, Jake and his fraternity brothers were very upset about it. The night before the election, the candidates participated in skits at the football stadium. Everyone eagerly looked forward to the skits each year, with most of the students and faculty of Collegiate University attending. The skits were usually half serious and half in jest. On skit night, Jake's skit was the next to last and Tom's was the last of the evening. In Jake's skit, Jake neatly poked fun at Tom and emphasized how he, Jake, was the better candidate. Then came time for Tom's skit. The scene was Jake's doctor's office. Tom played Jake's doctor and one of the Alphas played Jake. In the skit, "Jake" walked into the doctor's office and said, "Well, doctor, now that I've completed my executive physical, I feel ready to engage in my duties as Collegiate University Student Body President and lead the University to great achievements. How did my tests come out?" The doctor replied, 'Well, Jake, you should sit down. I have good news and bad news for you. The good news is that most of your tests came back negative and you should make a fine student body president. The bad news is that you and Magic Johnson have something in common. Both of you tested HIV positive." Those words were barely out of Tom's mouth when the stadium crowd gasped. A fight immediately broke out between the Alphas and Betas sitting near each other in the stands. The police were eventually called in to clear the stadium. Although the student body president race had seemed almost even before the skits, Tom won by a two-thirds majority of the votes. Jake was so outraged by Tom's skit that he hired your law firm to represent him. The California Civil Code defines the cause of action for slander in the following way:

Jake carson - defendant

Tom Harris - plaintiff

How to create special interrogatories when representing defendant.