Trujillo

After a jury rendered a verdict for compensatory and punitive damages in favor of plaintiffs and appellants Miguel Trujillo, Pablo Flores, and Juan Rendon (plaintiffs) in this employment discrimination action, the trial court granted the motion by their employer, defendants and respondents North County Transit District (NCTD), its development board, and its employee Gary Waer (plaintiffs’ supervisor) (collectively defendants) for judgment notwithstanding the verdict (JNOV). (Code Civ. Proc., § 629.) The motion was granted on the basis that the only finding of liability, for violation of Government Code section 12940, subdivision (i) (failure of an employer to take all reasonable steps necessary to prevent employment discrimination and harassment from occurring) was not backed up by any related finding that these plaintiffs had actually suffered any such employment discrimination and/or harassment.

Plaintiffs appeal, contending a violation of section 12940, subdivision (i) is an independent statutory tort which requires no “necessary foundational predicate” of underlying discrimination, harassment or retaliation, such as the trial court found missing, to allow for…