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Case Name | Tabaie v. Stockton Unified School Dist. | |
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Date | 11/20/2009 | |
Note | [Unpublished] Special instruction wrongly required the jury to decide issues of law and to engage in a burden-shifting analysis that is not to be performed by a jury at trial. | |
Citation | C056222 | |
WCC Citation | WCC 35802009 CA |
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ---- BIJAN TABAIE, Plaintiff and Appellant, v. STOCKTON UNIFIED SCHOOL DISTRICT, Defendant and Respondent. That Bijan Tabaie was an employee of the Stockton Unified School District. That the Stockton Unified School District knew or thought Bijan Tabaie had a physical condition that limited a major life activity; "4. That Bijan Tabaie's physical condition was a motivating reason for the discharge, or [¶] [t]hat the Stockton Unified School District's belief that Bijan Tabaie had a physical condition was a motivating reason for the discharge. That the Stockton Unified School District's conduct was a substantial factor in causing Bijan Tabaie's harm. "
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