Birch

Filed 12/23/25 Birch v. John Muir Health CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

MERLINDA BIRCH,

Plaintiff and Appellant,

A171661

v. JOHN MUIR HEALTH, (Contra Costa County Super. C2100633) Defendant and Respondent.

Merlinda Birch (“Birch”) was a nurse at John Muir Health (“JMH”) when JMH terminated her employment based on Birch’s purported violations of JMH’s polices against harassment and discrimination. Birch filed an action which included allegations that JMH discriminated against her, failed to reasonably accommodate her disability, and retaliated against her. The case went to a jury trial, but the trial court declared a mistrial after deciding that certain previously excluded evidence should be admitted but would extend the…