Erhart
Erhart v. Bofi Holding Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
11 CHARLES MATTHEW ERHART, Case No. 15-cv-02287-BAS-NLS consolidated with Plaintiff, 15-cv-02353-BAS-NLS
ORDER DETERMINING SCOPE
v. OF RETRIAL
BOFI FEDERAL BANK,
Defendant.
17 And Consolidated Case 18 19 After a three-week trial, the jury returned a verdict in favor of Charles Matthew Erhart in these consolidated actions involving whistleblower retaliation. In the second phase of trial, however, the jury could not agree on the amount of punitive damages. The Court declared a mistrial on punitive damages and set the issue for retrial. Now before the Court are the parties’ briefs addressing the scope of the retrial. The Court heard argument at the pretrial conference. For the following reasons, the scope of the retrial will be: (1) whether BofI Federal Bank engaged in malice, I. Background Erhart’s remaining claims seek relief for retaliation in violation of the Sarbanes–Oxley Act,…