In July 2009, plaintiff Kim Valentine entered the San Jose Police Academy as a cadet and, while training in the academy, she failed a mandatory skills training test involving a mock death investigation. Valentine failed the test again in September 2009, and was released from the academy. Prior to taking the second test, Valentine claimed Training Officer Kirk Niemeyer harassed her. Valentine sued Niemeyer, as well as Sergeant Chris Monahan, Training Officers Keith Liu and Robert Kurrle, and their employer, the city of San Jose. Valentine alleged that the defendants’ actions constituted gender harassment and discrimination, retaliation, and wrongful termination. Prior to trial, Valentine voluntarily dismissed Liu, Kurrle, Monahan and the city from the case. Thus, the matter proceeded against Niemeyer only. Valentine claimed that prior to her second skills training test, Niemeyer confronted her during lunch and said, “I think you’d be better off selling makeup or Tupperware to my wife than being a cop,” and “your husband [also a cop] was lying to you when he said you could be a cop, and was just trying to get double income.” Valentine claimed that Niemeyer’s remarks constituted as gender harassment and discrimination, and that the city further retaliated against her by terminating her from the academy. She further claimed that the city knew of its training officers’ negligence, but failed to take any action to stop it. Niemeyer did not dispute making the remarks to Valentine, but argued that he made them to motivate her prior to the second test. He claimed that the remarks were not harassment since it was a one-time thing that was not continuous or ill willed. Niemeyer further claimed that Valentine was released from the academy because she failed the skills training test twice, which is automatic grounds for being released., Valentine sought recovery of $180,000 in economic damages for three years of unpaid salary as a police officer from 2009 to 2012. She also claimed she suffered emotional distress as a result of being released from the academy, and sought an unspecified amount in non-economic damages. Defense counsel contended that Valentine was released from the academy for failing the skills training test twice and was subsequently owed zero economic damages. Counsel further contended that Niemeyer’s actions did not cause Valentine any emotional distress.