Heriberto Zuniga, et al. v. McMahan's Furniture Stores, et al.
Published: Dec. 7, 1996 | Result Date: Oct. 4, 1996 | Filing Date: Jan. 1, 1900 |Case number: SC025904 – $114,000
Facts
In 1988, plaintiff Heriberto Zuniga, a 28-year-old salesperson, was hired by defendant McMahan's Furniture Store. He alleged that his managers initially transferred him after he refused to go into full-time collections in 1991, and when the defendant's attempts to force his resignation failed, they transfered him to the Inglewood store where he came under the supervision of a white manager that placed him on a "hit list." The plaintiff cliamed that this caused his sales to drop. After six weeks at the Inglewood store, Zuniga took a four-week vacation to Juarez, Mexico. Plaintiff Zuniga introduced a telephone bill showing that a two-minute call was placed from Juarez to the Inglewood store on Aug. 22, 1992. Zuniga testified that he spoke to a supervisor who approved an extension of his vacation from Aug. 25 to Aug. 27, but when he returned on Aug. 27, he was handed his last check and told he had been deemed a voluntary quit for not returning on Aug. 25. Plaintiff Carmen Felix, a 39-year-old salesclerk, was also employed by defendant McMahan's Furniture Store. Plaintiff Felix testified that she was terminated by her store manager (in front of her seven co-employees) during a meeting on Feb. 13, 1993, and that she was replaced by a white salesman two weeks later. Plaintiff Felix claimed that a half hour after her termination, the store manager handed her a flower and said "Happy Valentine's." Plaintiffs Zuniga and Felix brought this action against McMahan Furniture Stores and the managers based on wrongful termination, breached of implied contract, race discrimination, breach of implied covenant of good faith and fair dealing and intentional infliction of emotional distress theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $75,000 jointly. The defendant made a settlement offer of $50,000 jointly.
Specials in Evidence
$__________ (plaintiff Zuniga); $___________ (plaintiff Felix)
Damages
The plaintiffs asked the jury for $20,000 per year over 40 years for each plaintiff. The defendants asked the jury to award nothing.
Injuries
The plaintiffs claimed they suffered emotional distress, loss of earnings and benefits.
Other Information
The verdict was reached approximately four years after the case was filed. The defendants' prior counsel engaged in no discovery and Judge Alan B. Haber of L.A. Superior Santa Monica, denied a defense motion to re-open discovery.
Deliberation
13 days
Poll
varied
Length
20 days
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