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Former police officer's FEHA suit
Grobeson v. City of Los Angeles, B207551, concerned a challenge to the trial court's grant of plaintiff's motion for a new trial on the ground of juror misconduct as to the discrimination, retaliation and constructive discharge claims, in a former police officer's suit against the City of Los Angeles and a commanding officer, for unlawful retaliation and discrimination in violation of the Fair Employment and Housing Act (FEHA), and constructive discharge.
In affirming in part, the court held that the juror's statement during the trial that she had already made up her mind was a "statement of bias," and the juror's prejudgment of the case improperly influenced the verdict. The court also held that the juror's various comments were not hearsay as they were circumstantial evidence of her bias against the plaintiff, and that the trial court did not err in refusing to consider the juror's declarations about her intentions. However, the court held that, Jones v. Torrey Pines Partnership requires the dismissal of the retaliation claim against the commanding officer as individual liability cannot be imposed under FEHA. Lastly, the trial court's order denying plaintiff's request for equitable relief is vacated because once the court granted the motion for a new trial, it lost jurisdiction to enter further substantive orders.
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