Lance Gordon v. Bivar, Inc., Edward Muldoon
Published: Mar. 22, 1997 | Result Date: Feb. 25, 1997 | Filing Date: Jan. 1, 1900 |Case number: 737437 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
William M. Crosby
(Law Office of William M. Crosby)
Defendant
Experts
Plaintiff
David R. Stephens
(technical)
Defendant
John R. Malacco
(technical)
Sandra Schneider
(technical)
Don Lewellen
(technical)
Susan P. Bleecker CPA
(technical)
Facts
From May 1991 to Feb. 9, 1994, plaintiff Lance Gordon, a 54-year-old controller, was employed by defendant Bivar, Inc. On his termination date, the plaintiff prepared a short note resigning from his employment. He was paid six weeks additional pay. The plaintiff brought this action against the defendants, Bivar and Edward Muldoon (the owner), for constructive discharge based on violation of public policy, fraud, defamation and statutory violation of the Labor Code theories of recovery.
Settlement Discussions
The plaintiff made no firm settlement demand. The defendants made a C.C.P. º998 offer of $35,000, raised to $45,000.
Specials in Evidence
$172,400 $172,400 $312,400 $312,400
Damages
The plaintiff claimed $200,000 in emotional distresss damages and an unstated amount of punitive damages.
Injuries
The plaintiff alleged that he suffered emotional distress.
Other Information
The verdict was reached approximately two years and four months after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held on July 24, 1996 before Judge Todd. It did not resolve the matter. Prior to the trial, the 4th District Court of Appeal decided that the defendants' tax returns were priviledged and overturned Judge James) Ross' order to disclose them. Prior to trial, the plaintiff dismissed all causes of action against the defendant owner, Edward Muldoon, and dismissed causes of action for fraud, defamation and statutory violation of the Labor Code against Bivar in exchange for a waiver of costs solely as to those causes of action.
Deliberation
7 hours
Poll
9-3
Length
12 days
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