Preview
14
Ss Coust of Califomie
of Los Angales
SEP 08 2022
Shorr A. Carter, Executive OficadtClerk of Court
By: M. Alaniz, Deputy
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT
10
11} SHINA PARKER, an individual, Case No.: 19STCV36310
| Plaintiff, [Assigned for all purposes to Hon. Upinder S. Kalra,
Dept.
13 | VS.
14 INNOVATIVE SPEECH THERAPY AND JOINT SPECIAL VERDICT 1
COMMUNICATION SERVICES, INC., a
15 California corporation; and DOES 1 through
20, inclusive, Trial
16 Date: August 30, 2022
Time:9:30 a.m.
17 Defendants. Dept: 51
18
19
20
21
22
23
24
2,
25
ore
626
ie 27
we
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SPECIAL VERDICT
We, the jury in the above action, find the following Special Verdict on the questions submitted to
us:
Preliminary Questions:
|
1 Was Innovative Speech Therapy and Communication Services, Inc. an employer?
Yes_X No
10 2 Was Shina Parker an employee of Innovative Speech Therapy and Communication Services
ll Inc.?
12 Yes x No
13 3 Did Innovative Speech Therapy and Communication Services, Inc. terminate Shina Parker?
14 Yes Xx No
15
Go to claim Number 1.
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20
21
22
23
a
26
27
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Claii im 1 -Discrimin ation
tition Cause
&ause of
of Actio
O n Actionn
1 Was Ms. Parker’s disability or perceived disability a substantial
motivating reason for
Innovative Speech Therapy and Communication Services,
Inc.'s decision to discharge Ms. Parker?
Yes No
If your answer to question 1 is yes, then answer quest
ion 2. If you answered no, go the nex
claim,
2 Was Innovative Speech Therapy and Communication
Services, Inc’s discharge a substantial factor
v
in causing, lo Ms. Parker?
Yes —_—. No
10
Go to the next claim.
ll
12
13
14
15
16
17
18
19
20
21
22
23
2
ne
27
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Claim 2 - Retaliation Cause of Action
1 Did Ms. Parker request an accommodation for her physical disability?
Yes No
If your answer to Question No. 1 is “Yes,” answer Question No. 2. If you answered no, go to
the next claim..
2 Was Ms. Parker’s request for an accommodation a substantial motivating reason for Innovative
Speech Therapy and Communication Services, Inc.’s decision to discharge Ms. Parker?
i
Yes No
If your answer to Question No. 2 is “Yes,” answer Question No. 3. If you answered no, go to the
|I
10 1 next claim.
|
1 3. Was Innovative Speech Therapy and Communication Services, Inc.’s conduct a substantial factor
v
12 in causing hi arm to Ms. Parker?
13 Yes +t No
14 Go to the next claim.
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16
17
18
19
20
21
22
23
=24
25
26
27
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1 Claim 3- Failure to Prevent Discrimination and Retaliation Cause of Action
4
2 1 Did Innovative Speech Therapy and Communication Services, Inc. fail to take all reasonable steps
3 to prevent the discrimination or retaliation?
Yes vw No
If your answer to question 1 is yes, then answer question 2. If you answered no, go to the nex
claim.
2 Was Innovative Speech Therapy and Communication Services, Inc.'s failure to prevent the
v
discriminati retaliation a substantial factor in causing harm to Ms. Parker?
Yes ——_ No
10 Go to the next claim.
i
12
13
14
15
16
17
18
19
20
21
22
23
24
26
27
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Claim 5 - Wrongful Termination of Employment in Violation of Public Policy Cause of Action
1 Was Ms. Parker’s disability or request for an accommodation or subsequent medical leave a
substantial motivating reason for the decision by Innovative Speech Therapy and Communication
Services, Inc. to discharge Ms. Parker?
Yes +vo No
If your answer to Question No. 3 is “Yes,” answer Question No. 4. If you answered no, go to
Defense 1.
Did the discharge cause Ms. Parker’s harm?
Yes No
10 Go to Defense I.
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12
13
14
15
16
17
18
19
20
21
22
23
ap
2
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Defense 1 - Li tation on Remedies — Same Decision
1 Was Ms. Parker’s disability a substantial motivating reason for the discharge?
Yes No
If your answer to Question No. 1 is “Yes,” answer Question No. If you answered no, stop here,
1 answer no further questions and have the presiding juror sign and date this form.
2. Was Plaintiff's failure to complete the Caregiver Direct Support Professional Training (referred to
es DSP1 Training/Certificate), also a substantial motivating reason for Defendant’s discharge?
Yes No
If your answer to Question No. 2 is “Yes,” answer Question No. 3. If you answered no, go to
10 Damages Question.
{1 3 Would Innovative Speech Therapy have discharged Ms. Parker anyway at that time based on
12 Plaintiff's failure to obtain the DSP! Training/Certificate?
13 Yes No
14 If your answer to Question No. 3 is “No,” answer Question No. 4. If you answered yes, stop here,
15 answer no further questions and have the presiding juror sign and date this form.
16 4. Was Innovative Speech Therapy’s discharge a substantial factor in causing harm to Ms. Parker?
17 Yes No
18 Go to Damages Question.
19
20
21
22
23
ah
bea
46
me
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28
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1 || Damages Question (Causes 1-5)
|
2 i 1 If you found that Shina Parker prevails on any of the causes of actions 1-5, please add up
|
3
and state the total amount of damages to be awarded to Ms. Parker. (Note: If you decide that Shina
Parker prevails on more than one of the above causes of action, count that damage only once. Do not
award duplicative damages.)
a. Past lost earnings: 5 44,\\O
b. Future lost earnings: QA, OIA
10 c. Past noneconomic loss: 40,000
(including mental suffering)
11
furmté QO, OCO
12
d_Past noneconomic loss:
13 (including mental suffering)
14 TOTAL: 3.00 AAO
15
Go to Special Question No. 1.
16 |
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23
s |
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Special Damages juestion
1 Did Innovative Speech Therapy and Communication Services, Inc. engage in conduct with
Lo
malice, oppression, or frau id?
Yes No
If your answer to Special Damages Question
No. 1 is “Yes”, answer Special Question No. 2. If
your answer to Special Damages Question No. 1 is “No”, then stop.
2 Was the conduct constituting malice, oppression, or fraud committed by one or more officers,
directors, or managing agents of Innovative Speech Therapy and Communication Services, Inc., who
10 acted on behalf of Innovative Speech Therapy and Communication Services, Inc.?
ll Yes No
12
13 You have now completed this verdict form. Please have the foreperson date and sign below.
14
15
DATE: AB) ACL
i
16
r¢gperson
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1
Preview
14 Ss Coust of Califomie of Los Angales SEP 08 2022 Shorr A. Carter, Executive OficadtClerk of Court By: M. Alaniz, Deputy SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT 10 11} SHINA PARKER, an individual, Case No.: 19STCV36310 | Plaintiff, [Assigned for all purposes to Hon. Upinder S. Kalra, Dept. 13 | VS. 14 INNOVATIVE SPEECH THERAPY AND JOINT SPECIAL VERDICT 1 COMMUNICATION SERVICES, INC., a 15 California corporation; and DOES 1 through 20, inclusive, Trial 16 Date: August 30, 2022 Time:9:30 a.m. 17 Defendants. Dept: 51 18 19 20 21 22 23 24 2, 25 ore 626 ie 27 we 28 SPECIAL VERDICT We, the jury in the above action, find the following Special Verdict on the questions submitted to us: Preliminary Questions: | 1 Was Innovative Speech Therapy and Communication Services, Inc. an employer? Yes_X No 10 2 Was Shina Parker an employee of Innovative Speech Therapy and Communication Services ll Inc.? 12 Yes x No 13 3 Did Innovative Speech Therapy and Communication Services, Inc. terminate Shina Parker? 14 Yes Xx No 15 Go to claim Number 1. 16 17 18 19 20 21 22 23 a 26 27 28 Claii im 1 -Discrimin ation tition Cause &ause of of Actio O n Actionn 1 Was Ms. Parker’s disability or perceived disability a substantial motivating reason for Innovative Speech Therapy and Communication Services, Inc.'s decision to discharge Ms. Parker? Yes No If your answer to question 1 is yes, then answer quest ion 2. If you answered no, go the nex claim, 2 Was Innovative Speech Therapy and Communication Services, Inc’s discharge a substantial factor v in causing, lo Ms. Parker? Yes —_—. No 10 Go to the next claim. ll 12 13 14 15 16 17 18 19 20 21 22 23 2 ne 27 28 Claim 2 - Retaliation Cause of Action 1 Did Ms. Parker request an accommodation for her physical disability? Yes No If your answer to Question No. 1 is “Yes,” answer Question No. 2. If you answered no, go to the next claim.. 2 Was Ms. Parker’s request for an accommodation a substantial motivating reason for Innovative Speech Therapy and Communication Services, Inc.’s decision to discharge Ms. Parker? i Yes No If your answer to Question No. 2 is “Yes,” answer Question No. 3. If you answered no, go to the |I 10 1 next claim. | 1 3. Was Innovative Speech Therapy and Communication Services, Inc.’s conduct a substantial factor v 12 in causing hi arm to Ms. Parker? 13 Yes +t No 14 Go to the next claim. 15 16 17 18 19 20 21 22 23 =24 25 26 27 28 1 Claim 3- Failure to Prevent Discrimination and Retaliation Cause of Action 4 2 1 Did Innovative Speech Therapy and Communication Services, Inc. fail to take all reasonable steps 3 to prevent the discrimination or retaliation? Yes vw No If your answer to question 1 is yes, then answer question 2. If you answered no, go to the nex claim. 2 Was Innovative Speech Therapy and Communication Services, Inc.'s failure to prevent the v discriminati retaliation a substantial factor in causing harm to Ms. Parker? Yes ——_ No 10 Go to the next claim. i 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 Claim 5 - Wrongful Termination of Employment in Violation of Public Policy Cause of Action 1 Was Ms. Parker’s disability or request for an accommodation or subsequent medical leave a substantial motivating reason for the decision by Innovative Speech Therapy and Communication Services, Inc. to discharge Ms. Parker? Yes +vo No If your answer to Question No. 3 is “Yes,” answer Question No. 4. If you answered no, go to Defense 1. Did the discharge cause Ms. Parker’s harm? Yes No 10 Go to Defense I. 11 12 13 14 15 16 17 18 19 20 21 22 23 ap 2 26 27 28 Defense 1 - Li tation on Remedies — Same Decision 1 Was Ms. Parker’s disability a substantial motivating reason for the discharge? Yes No If your answer to Question No. 1 is “Yes,” answer Question No. If you answered no, stop here, 1 answer no further questions and have the presiding juror sign and date this form. 2. Was Plaintiff's failure to complete the Caregiver Direct Support Professional Training (referred to es DSP1 Training/Certificate), also a substantial motivating reason for Defendant’s discharge? Yes No If your answer to Question No. 2 is “Yes,” answer Question No. 3. If you answered no, go to 10 Damages Question. {1 3 Would Innovative Speech Therapy have discharged Ms. Parker anyway at that time based on 12 Plaintiff's failure to obtain the DSP! Training/Certificate? 13 Yes No 14 If your answer to Question No. 3 is “No,” answer Question No. 4. If you answered yes, stop here, 15 answer no further questions and have the presiding juror sign and date this form. 16 4. Was Innovative Speech Therapy’s discharge a substantial factor in causing harm to Ms. Parker? 17 Yes No 18 Go to Damages Question. 19 20 21 22 23 ah bea 46 me 27 28 | 1 || Damages Question (Causes 1-5) | 2 i 1 If you found that Shina Parker prevails on any of the causes of actions 1-5, please add up | 3 and state the total amount of damages to be awarded to Ms. Parker. (Note: If you decide that Shina Parker prevails on more than one of the above causes of action, count that damage only once. Do not award duplicative damages.) a. Past lost earnings: 5 44,\\O b. Future lost earnings: QA, OIA 10 c. Past noneconomic loss: 40,000 (including mental suffering) 11 furmté QO, OCO 12 d_Past noneconomic loss: 13 (including mental suffering) 14 TOTAL: 3.00 AAO 15 Go to Special Question No. 1. 16 | 17 18 19 20 21 22 23 s | 27 28 10 Special Damages juestion 1 Did Innovative Speech Therapy and Communication Services, Inc. engage in conduct with Lo malice, oppression, or frau id? Yes No If your answer to Special Damages Question No. 1 is “Yes”, answer Special Question No. 2. If your answer to Special Damages Question No. 1 is “No”, then stop. 2 Was the conduct constituting malice, oppression, or fraud committed by one or more officers, directors, or managing agents of Innovative Speech Therapy and Communication Services, Inc., who 10 acted on behalf of Innovative Speech Therapy and Communication Services, Inc.? ll Yes No 12 13 You have now completed this verdict form. Please have the foreperson date and sign below. 14 15 DATE: AB) ACL i 16 r¢gperson 17 18 19 20 21 22 23 25 26 27 28 1