Joanne Hoeper v. City and County of San Francisco, and Does 1 through 20, inclusive
Published: Apr. 8, 2017 | Result Date: Mar. 17, 2017 | Filing Date: Jan. 1, 1900 |Case number: CGC-15-543553 Verdict – $2,029,360
Court
San Francisco Superior
Attorneys
Plaintiff
Stephen M. Murphy
(Law Offices of Stephen M. Murphy)
P. Bobby Shukla
(Shukla Law)
Defendant
Susan J. Harriman
(Keker & Van Nest LLP)
John W. Keker
(Keker, Van Nest & Peters LLP)
Facts
Plaintiff worked for the City and County of San Francisco as Chief Trial Deputy for the City Attorney's Office. After she was terminated, she sued the city and county for retaliation in violation of Labor Code section 1102.5 and Government Code section 12653.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she began investigating a possible fraudulent kickback scheme within the city after receiving a tip from an FBI agent. The scheme involved the city paying millions to owners of privately owned sewer lines that had supposedly been damaged by the roots of city trees. She claimed that plumbing companies were submitting false claims and city employees knowingly paid these false claims. She also claimed that she was terminated in retaliation for investigating and reporting the illegal acts.
DEFENDANT'S CONTENTIONS:
Defendants demurred, contending that plaintiff could not seek reinstatement, could not hold individuals liable, and could not seek punitive damages, which the court granted. At trial, the remaining city defendant contended the claims payment policy at issue had existed for decades and predated the current administration, and that plaintiff's own lengthy investigation found no evidence of an alleged kickback scheme. Defendant also contended that it had begun to seek a replacement for plaintiff long before she started her investigation.
Result
The jury returned a verdict for plaintiff, awarding her $601,630 in past lost earnings, $136,318 in future lost earnings, and $1,291,409 in emotional distress, mental anguish, and humiliation damages.
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