Ward

I. INTRODUCTION

Plaintiff and appellant James M. Ward (plaintiff) was hired as the chief dentist for

the Ironwood State Prison (ISP) in July 2007 for a two-year limited term. In 2008, he

applied for a permanent chief dentist position at ISP, but he was notified in February

2009 that he had not been selected for the position. As a result, plaintiff filed a civil

action against defendant and appellant California Department of Corrections and

Rehabilitation (CDCR).

Ultimately, two causes of action for whistleblower retaliation in violation of Labor

Code1 sections 1102.5 and 6310 were tried before a jury, and plaintiff was awarded

$1,994,109 in damages. CDCR filed a notice of intent to move for judgment

notwithstanding the verdict (JNOV) and for a new trial. The trial court granted the

motion for new trial on the ground of insufficiency of the evidence to support the verdict

and excessive damages, but it denied the motion for JNOV.

Plaintiff appeals from the order granting a new trial, arguing (1) the trial court

applied the wrong legal standard to evaluate the sufficiency of plaintiff’s section 1102.

claim; (2) the trial court abused its discretion in concluding there…