Facts

Oak Films LLC employed Mary Beth Porter as an associate producer selling units in two films staring Cole and Dylan Sprouse, the twin child actors seen on the show "The Suite Life of Zack and Cody." Issues remained as to whether Porter was an employee or an independent contractor. On Dec. 8, 2006, Oak Films LLC terminated Porter's employment.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that during her employment with Oak Films, she was subject to a hostile work environment based on sexual harassment by John Yang. Plaintiff claimed that during her employment, Yang asked her whether her pubic hair was shaved, asked to see her underwear, discussed her vagina in the workplace, and slapped her buttocks. Plaintiff claimed that she was terminated in retaliation for her complaints of the sexual harassment.

Plaintiff brought an action against Oak Films, Joseph Reilly, its principal, Modern Twain Partners, Steele Shannon and John Yang.

DEFENDANTS' CONTENTIONS:
Defendants contended that plaintiff was not subject to sexually hostile work environment and that she was terminated due to performance. Their expert testified that plaintiff had traits similar to that of a histrionic personality disorder. Yang denied the allegations.

Settlement Discussions

Porter demanded $325,000 and the defense offered $25,001 under CCP 998. During trial, defense offered $175,000, which was rejected.

Injuries

Porter claimed emotional distress and lost wages.

Result

The jury awarded Porter $4,000. The parties settled before the jury made their punitive damages award during the punitive damages phase, after Yang testified as to his financial condition.

Other Information

Two months before trial, the court made evidence and issue sanctions for discovery abuses, precluding Porter from arguing that she was an employee. Thus, no evidence that she was an employee was entered during trial. The jury found that Steele Shannon (in pro per) was not liable on all four counts pled against him.

Deliberation

five hours

Poll

12-0

Length

seven days