Attorneys for California State University asked for a new trial in their recent discrimination case against former Fresno State women̢۪s volleyball coach Lindy Vivas, who was awarded $5.85 million this summer.
A motion was filed by CSU on Aug. 31 and on Sept. 10 with the Fresno County Superior Court stating that the CSU board would like an entirely new trial due to 13 different complaints against the original trial that include jury misconduct, insufficiency of the evidence to justify the verdict, and excessive and improper awards for damages.
“We believe that the jury did the best it could with the information it had at the time,â€Â CSU attorney Dawn Theodora said, according to FresnoStateNews.com. “Unfortunately, information outside the evidence of the case shows that the jurors were misled in making their decision.â€Â
Vivas had sued Fresno State for $4.1 million, after her contract was not renewed in 2004. She claimed that she was discriminated against because of her perceived sexual orientation and her advocacy of gender equity.
While Fresno State officials denied any discrimination, Vivas won the suit, and was awarded for back wages, future lost pay and emotional distress.
The university said they didn’t renew Vivas’ contract because she scheduled too few Top 25 opponents, didn’t win in the postseason and failed to increase attendance.
CSU attorneys are claiming that they did not have a fair trial, and requested either a judgment in their favor, or to dismiss the July verdict in favor of an entirely new trial.