SUBJECT: Motion for Judgment Notwithstanding the Verdict; Motion for New Trial

Moving Party: Defendants Montebello Unified School District; Benjamin Cardenas; Lani Cupchoy; Joanna Flores; and Edgar Cisneros

Resp. Party: Plaintiffs Susanna Contreras Smith and Cleve Pell

Defendants’ motion for judgment notwithstanding the verdict is GRANTED as to the finding of individual liability against Defendants Benjamin Cardenas and Lani Cupchoy with respect to violations of Labor Code §§ 98.6 and 1102.5. The motion is DENIED in all other respects.

Defendants’ motion for new trial is DENIED.

Based on the foregoing, the $2,500 each individual Defendant was ordered to pay to each Plaintiff under Labor Code § 98.6 is stricken from the judgment. In all other respects, the judgment as returned by the jury is AFFIRMED.

PRELLIMINARY COMMENTS:

The notice of motion indicates that Joanna Flores and Edgar Cisneros are among the moving defendants. However, since a non-suit was granted in favor of Defend