Alamo

Appellant Practice Management Information Corporation (PMIC) appealed the judgment entered in favor of respondent Lorena Alamo following a jury trial on Alamo’s causes of action for pregnancy discrimination and retaliation in violation of the California Fair Employment and Housing Act, Government Code section 12900 et seq. (FEHA), and wrongful termination in violation of public policy. Among other arguments, PMIC contended that the trial court erred in (1) instructing the jury pursuant to former CACI Nos. 2430, 2500, 2505, and 2507 that Alamo had to prove her pregnancy-related leave was “a motivating reason” for her discharge, and (2) refusing to instruct the jury pursuant to BAJI No. 12.26 that PMIC could avoid liability under a “mixed-motive” or “same-decision” defense by proving it would have made the same discharge decision in the absence of a discriminatory or retaliatory motive. We initially affirmed the judgment, and PMIC filed a petition for review with the Supreme Court. After granting the petition for review and deciding a related issue in Harris v. City of Santa Monica (2013) 56 Cal.4th 203 [ 152 Cal.Rptr.3d 392 , 294 P.3d 49 ] {Harris), the Supreme Court…