Facts

According to the plaintiff's counsel: On June 7, 2004, plaintiff Jim Leung, a Vietnamese banquet bartender with the Millenium Biltmore Hotel, Los Angeles for 16 years, was terminated after he was accused by other hotel employees of not ringing up the correct number of drinks ordered during banquet events and for taking money from the cash register, both of which he denied.

Investigation into whether plaintiff had misappropriated company funds lasted for several weeks and was primarily based on the testimony of two employee eyewitnesses, one a former maid with no security training and the other, a man Leung accused of harassing him for over a year. The investigation was conducted by the hotel's Human Resource department and was led by the hotel's Human Resource Director, Ashley Tran, who was the same ethnicity as plaintiff. Based upon Ms. Tran's investigation, it was concluded that plaintiff had misappropriated company funds and his employment with the hotel was terminated. Leung was never searched nor asked to empty his pockets. His cash register appeared to be about two dollars short.

According to defense counsel: On June 7,2004, plaintiff Jim Leung was terminated for misappropriating company funds. Hotel employees witnessed plaintiff ringing up the incorrect number of drinks ordered during banquet events. Additionally, plaintiff was later witnessed taking money from the cash register and placing it into his pocket.

An investigation lasting several weeks was conducted into the allegation that plaintiff had misappropriated company finds. This investigation was handled by the hotel's human resource department and was led by the hotel's Human Resource Director, Ashley Tran, who was the same ethnicity as plaintiff. Plaintiff denied the allegation that he had misappropriated company funds. Based upon Ms. Tran's investigation, it was concluded that plaintiff had misappropriated company funds and his employment with the hotel was terminated.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that during his employment with the Millennium Biltmore Hotel, Los Angeles he was subject to daily name calling and other harassment because of his Vietnamese nationality. Plaintiff alleged that the defendants called him derogatory names and teased him because of his accent. Plaintiff alleged that his termination was racially motivated and because he complained about harassment. Additionally, plaintiff stated he complained that defendants were illegally reselling alcohol, and that his termination was because of these complaints.

DEFENDANTS' CONTENTIONS:
Defendants denied that plaintiff was subject to harassment or name calling. Defendants denied that plaintiff complained about harassment. Defendants denied that plaintiff was terminated because of his race or because of any purported complaints about harassment. Similarly, defendants denied that they were illegally reselling alcohol, that plaintiff complained that defendants were illegally reselling alcohol, or that plaintiff was terminated because of any purported complaints. Rather, defendants alleged that the reason plaintiff was terminated was because two eyewitnesses stated that they saw plaintiff misappropriate company funds. After a thorough and detailed investigation into these allegations, the hotel concluded that plaintiff had misappropriated company funds and properly terminated his employment.

Settlement Discussions

The case was mediated but did not result in settlement. According to defense counsel, plaintiff's final settlement proposal was for $22 million. Defendants declined to make a formal offer during mediation.

Injuries

The plaintiff claimed injuries to his reputation, lost economic wages, emotional distress damages and punitive damages.

Result

The jury returned a verdict in favor of Steve Eberhad, Brian Wright, Sal Salvador, and Juan Garcia on all causes of action. Further, the jury returned a verdict in favor of defendants Millennium Biltmore Hotel Los Angeles and Francisco Garcia on all causes of action other than failure to prevent harassment and harassment. The jury awarded plaintiff a total of $1,000 in emotional distress damages as to Francisco Garcia and a total of $19,000 in emotional distress damages as to Millennium Biltmore Hotel Los Angeles. The jury declined to award punitive damages. Additionally the court awarded defendants Steve Eberhard, Brian Wright, Sal Salvador and Juan Garcia costs in the amount of $35,921.60.

Other Information

Plaintiff's counsel and former counsel Carney R. Shegerian submitted motions for attorney's fees. Settlements were reached with defendants as to those attorney's fees. On April 25, 2008, plaintiff appealed the case but the court affirmed the jury verdict. FILING DATE: Oct. 21, 2004.

Length

5 days