Pham

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 HIEU PHAM, Case No. 17-cv-04194-WHO

Plaintiff,

STATEMENT OF DECISION ON

v. CALIFORNIA HEALTH AND SAFETY

CODE § 1278.5 CLAIM

BRIAN BAST, et al.,

Defendants.

12 On July 18, 2023, after a week-long trial, the jury returned a unanimous defense verdict, finding that the defendants, Dr. Brian Bast and The Regents of the University of California (“the University”), did not retaliate against plaintiff Dr. Hieu Pham in violation of 42 U.S.C. § 1983 and California Labor Code § 1102.5. A third claim, asserted against the University under California Health and Safety Code § 1278.5, was tried before me. Like the jury, I find in favor of the University. Simply put, Dr. Pham failed to prove by a preponderance of the evidence that he was retaliated against for making a complaint about the competence of a co-worker, Dr. Jennifer Perkins. He did not establish any link between that complaint and the decision of Dr. Bast, the Chair of…