Mize-Kurzman

Mize-Kurzman v. Marin Community College District

Caution
136 Cal. Rptr. 3d 259·2012 Cal. App. LEXIS 14·202 Cal. App. 4th 832·275 Educ. L. Rep. 882·33 I.E.R. Cas. (BNA) 404
Court of Appeal of CaliforniaJanuary 10, 2012No. A126937California17,833 words

Opinion

Lead Opinion

Kline, J.

INTRODUCTION

Plaintiff Pamela Mize-Kurzman appeals from a judgment in favor of defendants Marin Community College District and its board of trustees (collectively, district), following a jury trial on her claims that the district was liable under two California “whistleblower” protection statutes, Labor Code section 1102.5 and Education Code section 87160 et seq. Plaintiff contends the trial court committed reversible error in jury instructions it gave that were patterned upon federal law; that the errors were compounded by erroneous answers to the jury’s questions; that the court unduly pressured the jury to return a verdict; and that the court committed reversible error when it allowed the district to present evidence of plaintiff’s retirement pension on the issue of her mitigation of damages and instructed the jury that it could determine whether such retirement pension should reduce any damages. We shall conclude that three of the court’s instructions were erroneous and require reversal and remand for a new trial.

FACTS AND PROCEDURAL BACKGROUND

Plaintiff has been employed by the district since July 1, 1973. From 1981 through June 30, 2007, she was employed as an…

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