Judge: Gail Killefer, Case: 19STCV04045, Date: 2022-10-21 Tentative Ruling
Case Number: 19STCV04045 Hearing Date: October 21, 2022 Dept: 37
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Ogletree,
Deakins, Nash, Smoak & Stewart, P.C. Telephone: Facsimile: |
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SUPERIOR COURT OF THE STATE OF CALIFORNIA |
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DANIEL SANCHEZ, an individual, vs. R & B SANCHEZ DBA MCDONALD’S STORE NO. 10920, an
unknown entity, and DOES 1 THROUGH 10, inclusive, |
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Case No. [Assigned for all
purposes to The Honorable [PROPOSED] JUDGMENT
ON SPECIAL VERDICT Action
Filed: Trial
Date: |
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This action came on regularly
for trial on September 13, 2022, in Department 37 of the Superior Court, the
Honorable Gail Killefer, Judge Presiding; David Myers and Doug Smith of The
Myers Law Group, appearing for Plaintiff Daniel Sanchez; and Julianne Pinter
and Steven Mannix of Ogletree, Deakins, Nash, Smoak & Stewart, APC, appearing
for Defendant R&B Sanchez dba McDonald’s Store 10920.
A jury of twelve (12) persons
was regularly impaneled and sworn/acknowledged and agreed to try the cause.
Witnesses were sworn and testified. After hearing the evidence and arguments of
counsel, the jury was duly instructed by the Court and the cause was submitted
to the jury with directions to return a special verdict/verdict on special
issues. The jury deliberated and thereafter returned to court with its special
verdict/verdict on special issues submitted to the jury and the answers given thereto
by the jury, which verdict was in words and figures as follows, to wit:
“SPECIAL
VERDICT
FORM, NO. 1
(Retaliation—as
against R & B Sanchez)
We, the jury,
answer the questions
submitted to us as
follows:
1. Did Daniel
Sanchez prove that he opposed or assisted in opposing gender discrimination
and/or sexual harassment; and/or made statements encouraging women to protect
their rights under laws prohibiting discrimination or harassment, and/or
otherwise supported women who made complaints or opposed acts of discrimination
or harassment to R&B Sanchez?
X Yes No
If your answer to
question 1 is yes,
then answer question
3. If your
answer to question 1 is no, stop here,
answer no further questions on this verdict form,
and have the presiding juror sign and
date this form.
After the presiding
juror signs and dates this form, proceed
to Verdict Form
No. 2.
2. Did R & B
Sanchez terminate Daniel Sanchez?
X Yes No
3. Did Daniel
Sanchez prove that his opposition or assisting in opposing gender
discrimination and/or sexual harassment; and/or making statements encouraging
women to protect their rights under laws prohibiting discrimination and/or
harassment; and/or otherwise supporting women who made complaints or opposed
acts of discrimination or harassment to R&B Sanchez was a substantial
motivating reason for R&B’s decision to terminate Daniel Sanchez?
Yes X No
If your answer to
question 3 is yes,
then answer question
4. If your
answer to question 3 is no, stop here,
answer no further questions on this verdict form,
and have the presiding juror sign and
date this form.
After the presiding
juror signs and dates this form, proceed
to Verdict Form
No. 2.
4. Did Daniel Sanchez prove he was harmed?
Yes No
If your answer to
question 4 is yes,
then answer question
5. If your
answer to question 4 is no, stop here,
answer no further questions on this verdict form,
and have the presiding juror sign and
date this form. After the presiding
juror signs and dates this form, proceed
to Verdict Form
No. 2.
5. Did Daniel
Sanchez prove that R & B Sanchez’s decision to terminate Daniel Sanchez was
a substantial factor in causing him harm?
Yes No
Date: September
28, 2022 Signed: /s/ Emma
Register
Presiding Juror
Please proceed to Verdict Form No. 2
SPECIAL VERDICT FORM, NO. 2
(Associational Discrimination—as
against R & B Sanchez)
1.
Did Daniel Sanchez prove that
he was associated with co-workers who were women who opposed gender
discrimination or sexual harassment.?
X Yes No
If your answer to question 1 is yes,
then answer question
2. If your
answer to question 1 is no, stop here,
answer no further questions on this verdict form,
and have the presiding juror sign and
date this form.
After the presiding
juror signs and dates this form, proceed
to Verdict Form
No. 3.
2. Did R & B Sanchez terminate Daniel Sanchez?
X Yes No
Answer question 3.
3. Did
Daniel Sanchez prove that his association with women who opposed gender
discrimination or sexual harassment was a substantial motivating reason for
Daniel Sanchez’s termination?
Yes X No
If your answer to question 3 is yes,
then answer question
4. If your
answer to question 3 is no, stop here,
answer no further questions on this verdict form,
and have the presiding juror sign and
date this form.
After the presiding
juror signs and dates this form, proceed
to Verdict Form
No. 3.
4. Did Daniel
Sanchez prove he was harmed?
Yes No
If your answer to question 4 is yes,
then answer question
5. If your
answer to question 4 is no, stop here,
answer no further questions on this verdict form,
and have the presiding juror sign and
date this form. After the presiding
juror signs and dates this form, proceed
to Verdict Form
No. 3.
5. Did Daniel Sanchez prove that R & B
Sanchez’s decision to terminate him was a substantial factor in causing him
harm?
Yes No
Date: September 28, 2022__ Signed: /s/ Emma
Register
Presiding Juror
Please proceed to
Verdict Form No.
3
SPECIAL
VERDICT
FORM, NO. 3
(Failure to Prevent Retaliation
& Associational Discrimination against Daniel Sanchez)
If you answered “Yes” to Special Verdict Form No. 1, Question Number
5, and/or “Yes” to Special Verdict Form No. 2, Question Number 5, please answer
the questions submitted to you in this Special Verdict Form No. 3 below.
If you answered “No” to both Special Verdict Form No. 1, Question
Number 5, and Special Verdict Form No. 2, Question Number 5 stop here, answer
no further questions on this verdict form, and have the presiding juror sign
and date this form. After the presiding
juror signs and dates this form, proceed to Verdict Form No. 4.
1. Did Daniel Sanchez prove that R & B
Sanchez failed to take all reasonable steps to prevent retaliation
and/or associational discrimination against Plaintiff Daniel Sanchez?
Yes No
If your answer to question 1 is yes,
then answer question
2. If your
answer to question 1 is no, stop here,
answer no further questions on this verdict form,
and have the presiding juror sign and
date this form.
After the presiding
juror signs and dates this form, proceed
to Verdict Form
No. 4.
2. Did Daniel
Sanchez prove he was harmed?
Yes No
If your answer to question 4 is yes,
then answer question
5. If your
answer to question 4 is no, stop here,
answer no further questions on this verdict form,
and have the presiding juror sign and
date this form. After the presiding
juror signs and dates this form, proceed
to Verdict Form
No. 4.
3. Did Daniel Sanchez prove that R & B
Sanchez’s failure to take all reasonable steps to prevent retaliation and/or associational discrimination was a
substantial factor in causing Daniel Sanchez’s harm?
Yes No
Date: September 28, 2022__ Signed: /s/ Emma
Register
Presiding Juror
Please proceed to Verdict Form No. 4.
SPECIAL
VERDICT FORM, NO. 4
(Limitation
on Remedies—Same Decision)
If
you answered “yes” to question 5 of Special Verdict Form 1, and/or if you
answered “yes” to question 5 in Special Verdict Form 2, then answer the
following questions:
1.
Did R&B Sanchez prove
that Daniel Sanchez’s job performance was also a substantial motivating reason
for R&B Sanchez’s termination of Plaintiff?
____
Yes ____ No
If your answer to question 1 is yes, then answer question 2. If you
answered no, stop here, answer no further questions on this verdict form, and
have the presiding juror sign
and date this form. After the presiding
juror signs and dates this form, proceed
to Verdict Form
No. 5.
2. Did R&B Sanchez prove that it would
have terminated Daniel Sanchez anyway at that time based on his job performance
if R&B Sanchez had not also been substantially motivated by retaliation
and/or associational discrimination?
____
Yes ____ No
Have
the presiding juror sign and date this form.
Date: September 28, 2022__ Signed: /s/ Emma
Register
Presiding Juror
If your answer to question 2 is “Yes,” notify the
COURT ATTENDANT that you are ready to present your verdict in the courtroom.
Otherwise, PLEASE PROCEED to Special Verdict No. 5.
SPECIAL VERDICT FORM, NO. 5
(Economic and Non-Economic
Damages—as against R & B Sanchez)
If you answered “Yes” to any of the following:
Special
Verdict Form No. 1, Question Number 5,
Special
Verdict Form No. 2, Question Number 5,
Special
Verdict Form No. 3, Question Number 3,
please answer the questions submitted to you in this Special Verdict
Form No. 5 below, and have the presiding juror sign and date this form.
If you answered “No” to all 3 of the questions above, stop here,
answer no further questions on this verdict form, and have the presiding juror
sign and date this form.
1.
What are Daniel
Sanchez’s economic damages,
if any, that he has proven?
a. Past Economic Loss $
b. Future
Economic Loss $
2.
What are Daniel Sanchez’s non-economic damages, if any, that he has
proven?
a. Past noneconomic
loss: $
b, Future noneconomic loss: $
Date: September 28, 2022__ Signed: /s/ Emma
Register
Presiding Juror
Please proceed to Verdict Form No. 6.
SPECIAL VERDICT FORM NO. 6
(Fraud, Oppression or Malice —as against R & B
Sanchez)
If you answered “Yes” to any of the
following:
Special
Verdict Form No. 1, Question Number 5
Special
Verdict Form No. 2, Question Number 5
Special
Verdict Form No. 3, Question Number 3
If you answered “No” to all of the above questions, and/or “Yes” to
Special Verdict Form No. 4, Question No. 2, stop here, answer no further
questions, and have the presiding juror sign and date this form below.
1.
Do you
find that Daniel Sanchez has met his burden of proving by clear and convincing
evidence that R&B Sanchez engaged in conduct with malice, oppression, or
fraud?
______Yes No
Have the
presiding juror sign and date this form.
We the jury in the above-entitled case, by
answering the above questions consistent with the jury instructions issued to
us in this case, hereby render this special verdict.
Dated:
__ September 28, 2022__ By:
/s/ Emma
Register
Foreperson
of the Jury
Notify the
COURT ATTENDANT that you are ready to present your verdict”
It appearing by reason of said
special verdict that Defendant R&B Sanchez dba McDonald’s Store 10920 is
entitled to judgment against Plaintiff Daniel Sanchez, NOW THEREFORE:
IT IS
ORDERED, ADJUDGED AND DECREED that Plaintiff Daniel Sanchez shall have and
recover nothing by reason of his complaint against R&B Sanchez dba
McDonald’s Store 10920.
DATED: _________ ________________________________________________
HONORABLE GAIL KILLEFER
SUPERIOR
COURT JUDGE COUNTY OF LOS ANGELES