Judge: Theresa M. Traber, Case: 20STCV37586, Date: 2023-01-03 Tentative Ruling

Case Number: 20STCV37586    Hearing Date: January 3, 2023    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:    January 3, 2023                       TRIAL DATE: January 3, 2023                                                          

CASE:                         Rodolfo Sanchez v. Hub Metals and Trading, Inc., et al.

CASE NO.:                 20STCV37586            

JURY INSTRUCTIONS

Pursuant to California’s whistleblower statute, Rodolfo Sanchez claims that Hub Metals and Trading, Inc., discharged him in retaliation for his disclosure of information about workplace violence or a credible threat of violence in the workplace.  To establish this claim, Rodolfo Sanchez must prove all the following:

1.       That Hub Metals and Trading, Inc. was Rodolfo Sanchez’s employer;

2.       That Rodolfo Sanchez made a disclosure of information about workplace violence or a credible threat of violence in the workplace to a person with authority over him;  

3.       That Rodolfo Sanchez had reasonable cause to believe that his disclosure was about workplace violence or a credible threat of violence in the workplace that violated state law;

4.       That Hub Metals and Trading, Inc., discharged Rodolfo Sanchez;

5.       That Rodolfo Sanchez’s disclosure of information about workplace violence or a credible threat of violence in the workplace was a contributing factor in Hub Metals and Trading, Inc.’s decision to discharge Rodolfo Sanchez;

6.       That Rodolfo Sanchez was harmed; and

7.       That the discharge was a substantial factor in causing Rodolfo Sanchez’s harm.

For purposes of the whistleblower statute, Rodolfo Sanchez may “disclose information” by making an internal report to his supervisor, even if the supervisor is already aware of the information disclosed.

A “contributing factor” includes any factor, which alone or in connection with other factors, tends to affect in any way the outcome of the decision and need not be the exclusive reason for the decision.

(CACI 4603.)

                If Rodolfo Sanchez proves in connection with his claim, under the California whistleblower statute, that his disclosure of information about workplace violence or a credible threat of violence in the workplace was a contributing factor to his discharge, Hub Metals and Trading, Inc., is not liable if it proves by clear and convincing evidence that it would have discharged Rodolfo Sanchez anyway at that time for legitimate, independent reasons. 

(CACI 4604.)

Rodolfo Sanchez claims that Hub Metals and Trading, Inc., discharged him in retaliation for his complaint about being subjected to unsafe working conditions or practices. To establish this claim, Rodolfo Sanchez must prove all the following:

1.       That Rodolfo Sanchez was an employee of Hub Metals and Trading, Inc.;

2.       That Rodolfo Sanchez made a bona fide oral complaint about workplace violence or a credible threat of violence in the workplace;  

3.       That Hub Metals and Trading, Inc., discharged Rodolfo Sanchez;

4.       That Rodolfo Sanchez’s complaint about unsafe working conditions or practices was a substantial motivating factor in Hub Metals and Trading, Inc.’s decision to discharge Rodolfo Sanchez;

5.       That Rodolfo Sanchez was harmed; and

6.       That the discharge was a substantial factor in causing Rodolfo Sanchez’s harm.

A bona fide complaint is one that was made in good faith.

(CACI 4605.)