This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Sep. 21, 1996

Employment Law
Wrongful Termination

Confidential

Settlement –  $120,000

Facts

In June 1994, the plaintiff, a court school principal, ran against his boss, the appointed superintendent of county schools, in the first contested superintendent race in over 40 years in the county. Although the plaintiff's announcement and campaign were only initiated in March 1994, he was defeated by only .03 percent. Shortly thereafter, the successful incumbent terminated the plaintiff's employment contract through a defendant who was the incumbent campaign supporter and the director of court schools. The plaintiff brought this action against the defendants, the superintendent of the county schools, the director of court schools, and the office of superintendent, based on wrongful termination, slander, libel, Bane Act violations and violation of First Amendment protections.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $140,000. The defendants did not make any initial settlement offers.

Damages

The plaintiff claimed $3 million in damages.

Injuries

The plaintiff alleged he suffered emotional distress and loss of reputation.

Other Information

The settlement was reached approximately two years and three months after the case was filed. A settlement conference was held on Jan. 9, 1996 before Thomas L. Hinkle, judge pro tem of the Ventura county Superior Court resulting in an eventual settlement. The plaintiff did not make a claim for loss of earnings as he was reemployed at a higher salary within two weeks of his discharge. The plaintiff filed the original action in state court on Nov. 23, 1994. The defendants removed the action to federal court on Jan. 13, 1995. The plaintiff, desiring to have the matter tried in Ventura County, dismissed the federal court action on Feb. 7, 1995 and refiled in state court on March 1, 1995. the second state court action complaint deleted reference to violations of the federal Constitution and statutes.


#109624

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390