Fuentes

AutoZone, Inc. (AutoZone), challenges a judgment against it in an action for sexual harassment brought by its former employee, Marcela Fuentes. It claims that critical portions of Fuentes’s testimony were inherently improbable, and that the evidence of sexual harassment was insufficient. AutoZone also challenges as excessive the attorney fees awarded to Fuentes and her counsel.

In the published portion of this decision, we reject AutoZone’s claim that Fuentes’s testimony was improbable and find that substantial evidence supports the jury’s verdict. In the unpublished portions of the opinion, we decline to find that AutoZone waived its challenge to the sufficiency of the evidence by presenting a slanted and incomplete discussion of the trial evidence. We also reject Fuentes’s claim that the doctrine of law of the case precludes AutoZone from challenging the sufficiency of the evidence to support the verdict. Finding no error, we affirm the award of attorney fees.

FACTUAL AND PROCEDURAL SUMMARY

This is the second time this matter is before us. In an unpublished opinion, Fuentes v. AutoZone, Inc. (Sept. 10, 2007, B185659) (nonpub. opn.) (Fuentes I), we reversed an award…