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MENDOZA v. WESTERN MEDICAL CENTER SANTA ANA

No. G047394.

222 Cal.App.4th 1334 (2014)

166 Cal. Rptr. 3d 720

ROMEO MENDOZA, Plaintiff and Respondent, v. WESTERN MEDICAL CENTER SANTA ANA et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division Three.

January 14, 2014.

Attorney(s) appearing for the Case

Vaughn & Vaughn, Donald A. Vaughn and Robert J. Bello for Defendants and Appellants.

C. Athena Roussos ; The Lampel Firm and Eric P. Lampel for Plaintiff and Respondent.

OPINION

IKOLA, J. —

A jury voted nine to three to award $238,328 to plaintiff Romeo Mendoza, who claimed he was fired in retaliation for reporting allegations of sexual harassment. The court instructed the jury with the 2012 version of CACI No. 2430 and a special verdict form consistent therewith. Case law issued subsequent to the judgment leads us to conclude the court committed prejudicial error in doing so. (See Harris v. City of...

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