Teresa Aguirre v. State of California et al

Filing 203

The Court attaches drafts of the proposed substantive jury instructions and verdict form for the parties' information and review. The Court DIRECTS the parties to review the proposals and prepare to discuss finalizing them (and all remaining instructions) at the charging conference to be held on Tuesday, January 8 at 4:30 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (Attachments: # 1 Draft Verdict Form)(hsglc1S, COURT STAFF) (Filed on 1/6/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TERESA AGUIRRE,
Plaintiff,

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[DRAFT] VERDICT FORM

v.
THE STATE OF CALIFORNIA, et al.,
Defendants.

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United States District Court
Northern District of California

Case No. 16-cv-05564-HSG

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We the jury in the above-entitled action find the following answers to the questions
submitted to us:

Family Medical Leave Act Claims

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Question 1: Has Ms. Aguirre proven by a preponderance of the evidence:

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A. That she was eligible for the FMLA’s protections? This element is established.

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B. That her employer was covered by the FMLA? This element is established.

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C. That she was entitled to leave under the FMLA? This element is established.

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D. That she provided sufficient notice to the State of California of her intent to take leave?

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United States District Court
Northern District of California

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____ YES

____ NO

E. That the State of California interfered with, restrained, or denied Ms. Aguirre’s
exercise of or attempt to exercise her FMLA rights?
____ YES

____ NO

F. That the State of California’s violation of her FMLA rights was a cause of harm or
damage to her?
____ YES

____ NO

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Proceed to Question 2.

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2

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Question 2: Has Ms. Aguirre proven by a preponderance of the evidence:

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A. That she was eligible for the FMLA’s protections? This element is established.

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B. That her employer was covered by the FMLA? This element is established.

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C. That she was entitled to leave under the FMLA? This element is established.

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D. That she provided sufficient notice to Ms. Mills of her intent to take leave?

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United States District Court
Northern District of California

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____ YES

____ NO

E. That Ms. Mills interfered with, restrained, or denied Ms. Aguirre’s exercise of or
attempt to exercise her FMLA rights?
____ YES

____ NO

F. That Ms. Mills’ violation of Ms. Aguirre’s FMLA rights was a cause of harm or
damage to her?
____ YES

____ NO

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Proceed to Question 3.

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Question 3: Has Ms. Aguirre proven by a preponderance of the evidence:

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A. That she was eligible for the FMLA’s protections? This element is established.

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B. That her employer was covered by the FMLA? This element is established.

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C. That she was entitled to leave under the FMLA? This element is established.

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D. That she provided sufficient notice to Ms. Huss of her intent to take leave?

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United States District Court
Northern District of California

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____ YES

____ NO

E. That Ms. Huss interfered with, restrained, or denied Ms. Aguirre’s exercise of or
attempt to exercise her FMLA rights?
____ YES

____ NO

F. That Ms. Huss’s violation of Ms. Aguirre’s FMLA rights was a cause of harm or
damage to her?
____ YES

____ NO

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Proceed to Question 4 only if you answered YES to at least one of the following options:

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(1) all three of Question 1D, 1E, and 1F; (2) all three of Question 2D, 2E, and 2F; or (3) all three

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of Question 3D, 3E, and 3F.

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Skip Question 4 and proceed to Question 5 only if you answered NO to at least one lettered
sub-question (i.e., one or more of D, E, or F) in each numbered question (i.e., 1, 2, and 3).

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4

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Question 4: What amount of damages has Ms. Aguirre proven by a preponderance of the
evidence were caused by the violation of Ms. Aguirre’s Family and Medical Leave Act rights?

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Lost wages and benefits OR actual monetary losses (circle one):

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$ __________________________

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United States District Court
Northern District of California

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Proceed to Question 5.

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California Family Rights Act Claims

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Question 5: Has Ms. Aguirre proven by a preponderance of the evidence:

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A. That she was eligible for family care leave? This element is established.

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B. That she requested leave to care for her father, who had a serious health condition?

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This element is established.
C. That she provided reasonable notice to the State of California of her need for family
care leave, including its expected timing and length?
____ YES

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D. That the State of California interfered with, restrained, or denied Ms. Aguirre’s
exercise of or attempt to exercise her family care leave rights?
____ YES

United States District Court
Northern District of California

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____ NO

E. That Ms. Aguirre was harmed?
____ YES

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____ NO

____ NO

F. That the State of California’s conduct was a substantial factor in causing Ms. Aguirre’s
harm?
____ YES

____ NO

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Proceed to Question 6.

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Question 6: Has Ms. Aguirre proven by a preponderance of the evidence:

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A. That she was eligible for family care leave? This element is established.

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B. That she requested leave to care for her father, who had a serious health condition?

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United States District Court
Northern District of California

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This element is established.
C. That she provided reasonable notice to Ms. Mills of her need for family care leave,
including its expected timing and length?
____ YES

____ NO

D. That Ms. Mills interfered with, restrained, or denied Ms. Aguirre’s exercise of or
attempt to exercise her family care leave rights?
____ YES

____ NO

E. That Ms. Aguirre was harmed?
____ YES

____ NO

F. That Ms. Mills’ conduct was a substantial factor in causing Ms. Aguirre’s harm?
____ YES

____ NO

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Proceed to Question 7.

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Question 7: Has Ms. Aguirre proven by a preponderance of the evidence:

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A. That she was eligible for family care leave? This element is established.

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B. That she requested leave to care for her father, who had a serious health condition?
This element is established.

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C. That she provided reasonable notice to Ms. Huss of her need for family care leave,

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including its expected timing and length?

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____ YES

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D. That Ms. Huss interfered with, restrained, or denied Ms. Aguirre’s exercise of or

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attempt to exercise her family care leave rights?

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____ YES

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____ NO

E. That Ms. Aguirre was harmed?

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United States District Court
Northern District of California

____ NO

____ YES

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____ NO

F. That Ms. Huss’s conduct was a substantial factor in causing Ms. Aguirre’s harm?

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____ YES

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____ NO

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Proceed to Question 8 only if you answered YES to at least one of the following options:
(1) all four of Question 5C, 5D, 5E, and 5F; (2) all four of Question 6C, 6D, 6E, and 6F; or (3) all
four of Question 7C, 7D, 7E, and 7F.

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Skip Question 8 and sign and return this verdict form only if you answered NO to at least
one lettered sub-question (i.e., one or more of C, D, E, or F) in each numbered question (i.e., 5, 6,
and 7).

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Question 8: What amount of damages has Ms. Aguirre proven by a preponderance of the
evidence were caused by the violation of Ms. Aguirre’s California Family Rights Act rights?

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Past economic loss:

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$ __________________________

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Past noneconomic loss:

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$ __________________________

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Future noneconomic loss:

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$ __________________________

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United States District Court
Northern District of California

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Sign and return this verdict form.

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I certify that the foregoing answers to the questions propounded to the jury in this verdict
form were answered unanimously by all jurors.

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DATED: January ____, 2019

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_______________________________
Foreperson

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United States District Court
Northern District of California

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