Harris v. City of Santa Monica, No. B199571

In plaintiff's pregnancy discrimination suit against a city, trial court's judgment in favor of plaintiff is reversed and remanded where: 1) the court's refusal to instruct the jury with the mixed-motive defense, BAJI No. 12.26, prejudiced the city; and 2) the trial court properly denied defendant's JNOV. 

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Filed October 29, 2009

Judges

Opinion by Judge Rubin

Counsel

For Appellant: Marsha Jones Moutrie, City Attorney, Joseph Lawrence, Assistant City Attorney, Carol Ann Rohr and Barbara Greenstein, Deputy City Attorneys

For Appellee:  Kokozian & Nourmand and Michael Nourmand