The opinion of the court was delivered by: Hon. S. James Otero United States District Court Judge
JUDGMENT AFTER TRIAL BY JURY
MEMORANDUM OF POINTS AND AUTHORITIES
This action came on regularly for trial on March 26, 2012, in Courtroom 1 of the United States District Court, Central District of California, Central Division, the Honorable S. James Otero, Judge Presiding; the Plaintiff Leonard Avila, appearing by attorneys Matthew McNicholas, Esq., and Douglas Winter, Esq., the Defendants, Los Angeles Police Department, City of Los Angeles, Commander Stuart Maislin, appearing by attorneys Gregory Wedner, Esq., and Mark Kitabayashi, Esq.
A jury of 8 persons was regularly impaneled and sworn on March 26, 2012. 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 verdict. The jury deliberated and thereafter returned to the court with its unanimous verdict consisting of the issues submitted to the jury and the answers given thereto by the jury, which said in words and figures as follows, to-wit:
We, the jury in the above-entitled action answer the following questions:
1. Was Leonard Avila subjected to an adverse employment action? X Yes No
If you answered Yes, then answer question 2. If you answered No, go to question 4.
2. Was Leonard Avila's participation in protected activity a motivating reason for any adverse employment actions?
X Yes No If you answered Yes, then answer question 3. If you answered No, go to question 4.
3. Was the Defendants' conduct a substantial factor in causing harm to Leonard Avila?