Franklin

MEMORANDUM *

The California Youth Authority (CYA) appeals the denial of its motion for a new trial and asserts that the district court erred in upholding a jury verdict that the CYA unlawfully terminated Laurian Franklin (Franklin) in retaliation for her Title VII lawsuit alleging sexual harass *571 ment. The CYA also appeals the district court’s order awarding Franklin reinstatement and back pay.

The district court did not abuse its discretion in declining to give an instruction that Franklin was terminated for legitimate business reasons because the CYA never requested such an instruction. See Millenkamp v. Davisco Foods Int'l, Inc., 562 F.3d 971, 981-82 (9th Cir.2009) (holding that the appellant waived its right to object to the district court’s omission of a jury instruction because the appellant faded to both advocate for the instruction at trial and propose an instruction specific to the issue). The district court also did not err in declining to give preclusive effect to the state court determination that cause existed for Franklin’s termination, because the issue of legitimate business reasons in the context of a retaliation claim was not before the state court. See…