The Court of Appeal in Harris (2010) 181 Cal.App.4th 1094 reversed and remanded a judgment on jury verdict in favor of a bus driver who alleged pregnancy discrimination. The Court held:
- The trial court (Los Angeles Superior, Judge Soussan Bruguera) erred by refusing to give a "mixed-motive" jury instruction (BAJI No. 12.26) and instead giving a "motivating factor" instruction (CACI No. 2500); but
- The error did not entitle the city to judgment notwithstanding the verdict because there was substantial evidence to support the verdict for Harris.