Pastore v. AutoZone West Inc. et al.

CASE NAME: Pastore v. AutoZone West Inc. et al.

TYPE OF CASE: Wrongful termination

COURT: Los Angeles County Superior Court

JUDGE(S): Judge Laura A. Seigle, Judge Thomas D. Long

DEFENSE LAWYERS: Lewis Brisbois Bisgaard & Smith LLP, Steven G. Gatley, Jerry J. Chang, Raul Martinez, Ula Chun

PLAINTIFF LAWYERS: Shegerian & Associates, Carney R. Shegerian, Anthony Nguyen, Rosie Zilifyan; Mesriani Law Group APC, Rodney Mesriani, Brandon Chang

Age discrimination cases can be difficult to defend, according to veteran employment law practitioner Steven G. Gatley, who is vice chair of the labor and employment practice and national chair of the OSHA practice at Lewis Brisbois Bisgaard & Smith.

"They're the second hardest after bad sexual harassment cases," said Gatley, who is also the administrative partner for his firm's Orange County office. "There's a sympathy factor, especially if you have jurors over 40."

Still, Gatley, alongside second chair Jerry J. Chang and the rest of his Lewis Brisbois team, obtained a full defense verdict after only four hours of jury deliberations for a client accused of creating a hostile work environment that forced employee Richard Pastore to resign. One juror was in his 70s, Gatley said. Pastore v. AutoZone West Inc. et al., 21STCV01261 (L.A. Super. Ct., filed Jan. 12, 2021).

Pastore accused the store manager at AutoZone's Palmdale location of repeatedly slapping, pushing and tripping him and of calling him names such as "dinosaur," "old man" and "slow motion" -- all on account of his age, which was in the mid-60s. He alleged the behavior lasted for five years before he was forced to quit.

But checking Pastore's employment file, Gatley, Chang and colleagues saw no complaints about the supervisor. When an issue arose with another manager, the company's human resources department interviewed Pastore, but he bypassed that opportunity to mention his supervisor as a source of trouble.

"The other side had some witnesses who supported Mr. Pastore's version of events, but we had witnesses who said he and the supervisor had a kind of father-and-son relationship, often kidding around," Gatley said. "In employment law, the conduct at issue has to be unwelcome."

"Our theme was that it was mutual banter, and both engaged in it," Chang said. One witness, an employee in her 70s, backed the company's treatment of older workers by pointing out that when she had had an issue, the human resources department swiftly fixed it.

Gatley and his team also put on as an expert witness a UCLA faculty psychiatrist who said Pastore was exaggerating and malingering.

The quick verdict followed. "Fast verdicts are usually good for the defense," Gatley said.

Plaintiff lawyer Carney R. Shegerian emailed that he did not personally try the case. "But we as a firm were appreciative of the judge and jury and respect the work done. Defense counsel is a highly respected and good attorney and we congratulate him on his win. He did a great job for his client."

--John Roemer