Kirkpatrick
Kirkpatrick v. City of Oakland, California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANNE KIRKPATRICK, Case No. 20-cv-05843-JSC
Plaintiff,
ORDER FOLLOWING PRETRIAL
v. CONFERENCE
CITY OF OAKLAND, CALIFORNIA, Re: Dkt. Nos. 112, 113, 116, 117, 118, 119, Defendant. 136, 137
12 The Court held a Pretrial Conference in this matter on April 28, 2022. This Order confirms the matters discussed at the Conference and addresses additional trial matters. I. Motions in Limine For purposes of Plaintiff’s Labor Code retaliatory discharge claim, Plaintiff must prove by “a preponderance of the evidence, that retaliation for an employee’s protected activities was a contributing factor” in the decision to terminate her. Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703, 718 (2022). If she does so, “the burden shifts to the [City] to demonstrate, by clear and convincing evidence, that it would have taken the action in question for legitimate, independent reasons even had the plaintiff not…