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Employment Law
Wrongful Termination
Age Discrimination

Carol Anne Babcock v. George Georgiou, an individual; Judy Alexander, Inc., a corporation; Georgiou Retail Store, Inc., et al.

Published: May 11, 1996 | Result Date: Apr. 1, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 682234 –  $299,372

Judge

Philip D. Sharp

Court

San Diego Superior


Attorneys

Plaintiff

David G. Brown

Kris P. Thompson


Defendant

Anton N. Handal
(Greenspoon Marder LLP)


Experts

Plaintiff

David H. Greenberg
(Law Office of David H. Greenberg) (medical)

Cary P. Mack
(technical)

Defendant

Samuel Sandweiss
(medical)

Facts

In 1992, the plaintiff, Carol Babcock, a 55-year-old salesperson, was hired by the defendant, Georgiou Retail Store, Inc. (GRS), as a salesperson in a GRS clothing store. (GRS is a national chain of stores selling high fashion women clothing.) The plaintiff was promoted twice, eventually being appointed store manager for the store located in the North County Fair Mall in Escondido, California. This store was allegedly owned by the defendant, Judy Alexander, Inc., a sister company of GRS. The defendant, George Georgiou, was the president and chairman of the board for both Judy Alexander, Inc. and GRS. In May of 1994, the plaintiff, was demoted two steps back to a salesperson position and replaced by a 30-year-old female who was receiving approximately $4,000 more in annual salary. In addition, the plaintiff's hours and pay were cut. The plaintiff brought this action against the defendants based on breach of contract, age discrimination and spoliation theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $60,000. The defendants made no settlement offers.

Specials in Evidence

in excess of $126,000 $_________ $4,000

Damages

The plaintiff's attorney asked the jury for $468,000.

Injuries

The plaintiff alleged that she suffered major depressive disorder (in partial remission at the time of trial) requiring psychotherapy and medication as a result of being terminated.

Other Information

The verdict was reached approximately one year after the case was filed. There is a motion for attorneys fees pursuant to state discrimination and labor law pending, cost bill for interest and fees pursuant to C.C.P. º998 pending.

Deliberation

2 days

Poll

12-0, 11-1

Length

10 days


#109407

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