Gary Arden v. Frank Kastell, Linard Davis, Airport Travel Agency Inc., Alla Serdyuchenko, Ron Brigham, Smarte Carte Inc., and Does 1 through 10
Published: Mar. 28, 2015 | Result Date: Oct. 21, 2014 | Filing Date: Jan. 1, 1900 |Case number: 3:10-cv-00436-NC Verdict – Defense
Court
USDC Northern
Attorneys
Plaintiff
Carlos Jato
(Law Office of Carlos Jato)
Defendant
David A. Levy
(Office of the County Counsel)
Facts
Gary Arden sued Frank Kastell, Linard Davis, Airport Travel Agency Inc., Alla Serdyuchenko, Ron Brigham, and Smarte Carte Inc.
Plaintiff dismissed the Smarte Carte defendants and settled with Davis, and Airport Travel Agency Inc. The case continued solely against defendant Kastell.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that he began working for Smarte Carte as an Assistant Terminal Manager at San Francisco International Airport in June 2008.
Plaintiff contended that Larry Needham, a managing agent for Smarte Carte, and defendant Brigham, also a managing agent, was interviewing him while in the presence of defendant Alla Serdyuchenko, a Smarte Carte employee. Plaintiff alleged that Brigham and Needham favored him and offered an opportunity for him to "run his own Smarte Carte airport" operation. Plaintiff contended that from then on, defendant Serdyuchenko became jealous and started acting maliciously against him. Plaintiff alleged that Serdyuchenko saw him as a hindrance to her career and wanted to get rid of him.
Plaintiff alleged that defendant Davis, who was a convicted felon, wrongfully accused him of "selling carts" because defendants had a personal vendetta against him and wanted him fired. Plaintiff denied the allegations and contended that surveillance video footage prove his innocence. Nevertheless, defendant Kastell arrested him on Feb. 9, 2009, took all his possessions, including his airport badge, and he was terminated from Smarte Carte. Plaintiff contended that defendants had no right to take his airport badge from him. Further, that the confiscation of his badge, coupled with Serdyuchenko's lies, prevented him from working for any entity at SFO.
Plaintiff asserted claims for conspiracy to violate and or violation of civil rights, Bane Act violations, malicious prosecution, conversion, intentional interference with prospective economic advantage, intentional infliction of emotional distress, slander per se, and negligence.
DEFENDANTS' CONTENTIONS:
Defendant Kastell denied the allegations and asserted various affirmative defenses. Defendants Davis and the Airport Travel Agency also denied the allegations and asserted various affirmative defenses.
Result
The jury rendered a unanimous verdict in favor of the defense.
Deliberation
four hours
Length
six days
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