In October 2012, plaintiff Janet Ochotorena, 53, a registered nurse at Atascadero State Hospital, began to be supervised by psychiatric technician Alfred Sweet. Ochotorena claimed that Sweet discriminated against her based on her gender and then retaliated against her in the form of placing her in dangerous situations with patients. She also claimed that when she complained about Sweet’s treatment of her, nothing was done. Ochotorena ultimately went out on medical leave in May 2013 and has not been cleared to return to work. Ochotorena sued Sweet and his employer, the California Department of State Hospitals. Ochotorena alleged that the defendants’ actions constituted harassment, retaliation, gender discrimination, failure to prevent discrimination, and creating of a sexually hostile workplace. Ochotorena claimed that almost immediately after becoming her supervisor, Sweet began making inappropriate comments towards her, including saying such things as, “Isn’t that just like a female?” and, “I can do it better than your husband.” She alleged that at least some of her co-workers were supportive of her and did not like Sweet’s treatment of them. However, Ochotorena claimed that when she complained, no action was taken against Sweet. She claimed that instead, Sweet retaliated against her by leaving her alone with patients. Ochotorena alleged that Atascadero State Hospital policy requires that employees work in groups of at least three at all times, but that Sweet left her alone in places like the patient showers or in a hallway where she was surrounded by six patients. She claimed that during those instances, she would lock herself in an office until other staff returned. She also claimed that Sweet would then respond with comments such as, “See what happens to female staff that don’t listen or do what I say.” Defense counsel argued that Ochotorena failed to prove any of the alleged incidents happened and that Ochotorena failed to exhaust her administrative remedies. Counsel also argued that Ochotorena was never endangered or subjected to a sexually hostile work environment. In addition, defense counsel argued that Sweet had poor people skills and treated everyone badly, but was not biased against women., Ochotorena claimed the supervisor’s actions caused her to suffer from insomnia, anxiety, panic attacks, and post-traumatic stress disorder. She alleged that as a result, she ultimately went out on medical leave in May 2013 and has not been cleared to return to work. Defense counsel contended that a pre-trial investigation of Ochotorena raised doubt as to the veracity of her claims of being severely impacted. Counsel argued that any alleged emotional or mental distress was either caused by pre-existing conditions or arose out of the scope of Ochotorena’s employment, in that Ochotorena failed to “exercise ordinary care, caution, and prudence” in avoiding the damages. Thus, defense counsel argued that Ochotorena failed to mitigate her own damages.