Facts

In March 2005, plaintiffs Jed Lorenzen and Wyatt Lorenzen, twin brothers and homosexuals, were hired by defendant "vermont restaurant". Defendant restaurant was owned by defendants Michael Gelzhiser and Manuel Mesta, also homosexuals. The Lorenzen brothers filed suit for sexual harassment, retaliation, wrongful termination, intentional infliction of emotional distress, failure to pay wages and overtime, and failure to provide meal and rest periods. Plaintiffs alleged violations of FEHA, the Labor Code, and the California Business & Professional Code section 17200 (UCL).

PLAINTIFFS' CONTENTIONS:
The Lorenzen brothers contended that Mesta and Gelzhiser made inappropriate sexual comments based upon sexual orientation, and touched them and other staff members in an inappropriate manner. Jed Lorenzen argued that he was fired in November 2006 when he rejected Mesta's advances and Wyatt Lorenzen stated that he was forced to quit in June 2007.

DEFENDANTS' CONTENTIONS:
The defendants denied all allegations. Defendants contended, among other claims, that plaintiffs abandoned the job. Defendants disputed the hostile environment claims primarily on the basis that the alleged misconduct took place well over a year before plaintiffs left their employ. Defendants produced records of payments for all hours worked.

Settlement Discussions

Plaintiffs demanded $1.2 million. Not until a mandatory settlement conference held the week before trial commenced did plaintiffs lower their demand to $315,000. Defendants' highest offer was $65,000.

Injuries

The plaintiffs claimed to have suffered emotional distress, lost wages, and economic and non-economic damages.

Result

The jury found in favor of the plaintiffs for sexual harassment against the restaurant and the two individual defendants. The jury also found in favor of plaintiffs for failure to prevent sexual harassment. Plaintiffs were awarded $2,000 ($1,000 per plaintiff). The jury rejected all of the remaining FEHA, infliction of emotional distress, and wage and overtime causes of action and damages. The court found against plaintiff on the Business & Professional Code section 17200 claim.

Other Information

Motions for costs and FEHA attorney fees pending. Defendants served statutory offers to compromise on each plaintiff under C.C.P. section 998, which exceeded the verdicts and were rejected by plaintiffs. The amounts awarded could have been rendered in a court of lesser jurisdiction, thereby triggering the provisions of the Code of Civil Procedure section 1033 and placing the issue of determining the award of costs and fees in the court's discretion. The court is currently considering the issue of to whom costs and fees shall be awarded and in what amounts. A hearing on these issues is scheduled for June 19, 2009. FILING DATE: Nov. 2, 2007.