Christopher Lesbines v. Universal City Nissan
Published: Jun. 29, 1996 | Result Date: Apr. 18, 1996 | Filing Date: Jan. 1, 1900 |Case number: BC118379 – $1,500,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Brian J. Panish
(Panish, Shea, Boyle & Ravipudi LLP)
Defendant
James H. Turken
(Norton Rose Fulbright US LLP)
Experts
Plaintiff
Peter Formuzis Ph.D.
(technical)
Facts
The plaintiff, Christopher Lesbines, a 39-year-old new car sales manager, had been employed by the defendant, Universal City Nissan, for five and one half years. The plaintiff had received various raises and promotions during his employment with the defendant. At the time of his termination, the plaintiff was a desk manager in charge of finalizing deals for the purchase and lease of vehicles. On June 25, 1994, the brother of a salesman leased a vehicle from the defendant car dealership which was advertised in the LA Times. The plaintiff alleged that prior to closing the deal, but after he had the deal approved and was preparing to lease the vehicle, the owner of the dealership told him to instruct the customer that the vehicle could not be leased to an employee's relative. When the plaintiff refused, he was allegedly told to tell the customer that the bank was closed and they could not receive credit approval for the deal. When the plaintiff again refused, he was allegedly instructed to falsify the credit application and submit it so that it would be denied. (The evidence at trial revealed that the vehicle was leased to the customer.) The plaintiff claimed that he was verbally abused by the owner when he continually refused to falsify the application. Later that day, he was sent home. The plaintiff also claimed that several days later, after the plaintiff had rejected a deal because of a customer's bad credit, the owner instructed a salesman to falsify and alter a credit application and to change the sex, name and address of the purchaser. The plaintiff claimed that he objected to the deal. The owner verbally abused the plaintiff and was asked to quit. Following the two incidents, a pattern of verbal abuse followed in an attempt by the owner to make the plaintiff quit. Several undated and unsigned personnel memos were placed in the plaintiff's personnel file. In September of 1994, plaintiff was demoted and given a $40,000 per year reduction in salary. The plaintiff accepted the demotion. The next day, the plaintiff was terminated. The plaintiff brought this action against the defendant based on breach of contract, wrongful termination and violation of public policy theories of recovery.
Settlement Discussions
The plaintiff made an initial settlement demand for $600,000 (per the plaintiff) and $800,000 (per the defendant) increased to a C.C.P. º998 settlement demand for $800,000 (per the plaintiff) and $2,400,000 (per the defendant). The defendant made a settlement offer of $25,000.
Specials in Evidence
$120,000 $350,000 to $600,000
Damages
The defendant claimed $________ in loss of income.
Injuries
The plaintiff alleged that he sustained emotional distress as a result of his termination.
Other Information
The verdict was reached approximately one year and ten months after the case was filed. A mediation was held on January 3, 1994 before Richard Chernick which did not resolve the matter. The plaintiff asked the jury for $3,000,000 (per the plaintiff) and $5,000,000 in compensatory damages and $2,400,000 in punitive damages (per the defendant). The defendant asked the jury for a defense verdict.
Deliberation
1 day (liability and compensatory damages) 2+ hours (punitive damages)
Poll
12-0 (liability, compensatory damages and for punitive damages), 9-3 (on amount of punitive damages)
Length
3 weeks
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