Ernestine Borys v. County of Los Angeles
Published: Aug. 17, 1996 | Result Date: Jun. 18, 1996 | Filing Date: Jan. 1, 1900 |Case number: SC035685 – $229,619
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Calvin R. House
(Gutierrez, Preciado & House LLP)
Calvin R. House
(Gutierrez, Preciado & House LLP)
Facts
On March 15, 1994, plaintiff Ernestine Borys, a 64-year-old Beverly Hills municipal court clerk, claimed that her former supervisor, and court administrator, retaliated against her for bringing to the administrator's attention the supervisor's misuse of her social security number to falsely obtain credit cards. The plaintiff's supervisor ultimately pled guilty to criminal violations. The plaintiff's supervisor was also found to have requested loans from the plaintiff for which she was never disciplined in any fashion. The plaintiff contended that she was a victim of retalitation in bringing the request for loans and misuse of the social security information to the attention of the court administrator. The plaintiff further contended that her supervisor was not properly disciplined, while the plaintiff was terminated for far less egregious violations. The defendant claimed that plaintiff was properly terminated for helping a friend obtain a continuance of a traffic matter, for serving her small claims action against her supervisor in an "off-limits" area of the courthouse and because of a prior history of misconduct. The plaintiff brought this action against the defendant county of Los Angeles based on wrongful termination and retaliation theories of recovery.
Settlement Discussions
The settlement discussion were not disclosed.
Specials in Evidence
$17,306, plus $33,871 in monies removed from home equity.
Damages
The plaintiff claimed $350,000 in emotional damages, plus economic damages of $54,619.
Other Information
Defendant County of Los Angeles is preparing motions for new trial and for judgment notwithstanding the verdict. If those are unsuccessful it intends to appeal from the judgment on grounds of insufficiency of the evidence, and on the gournd that it was not plaintiff's employer; the Beverly Hills Municipal Court was.
Deliberation
2 hours
Poll
12-0
Length
5 days
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