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Employment Law
Wrongful Termination
National Origin Discrimination

Mohammad Dastmalchi v. OOC Inc. dba Extreme Pizza, Yavor Tradov, Julio Rodriguez and Does 1-10

Published: Dec. 15, 2012 | Result Date: Jun. 22, 2012 | Filing Date: Jan. 1, 1900 |

Case number: RG09489286 Verdict –  Defense

Court

Alameda Superior


Attorneys

Plaintiff

David A. Lerman


Defendant

Lindsay A. Lutz

Greg Scaglione

Mindy James Nili


Facts

Plaintiff Mohammad Dastmalchi, a man of Iranian descent and a practicing Muslim, worked as a pizza deliveryman. Plaintiff became involved in a heated dispute with his co-worker after placing a piece of paper into a pizza-warming delivery bag. The paper had plaintiff's name written on it. His supervisor attempted to break up the altercation by placing himself between Plaintiff and the co-worker (defendant Trandev).

Plaintiff sued Defendants after he was fired, alleging claims for assault, battery, intentional infliction of emotional distress, wrongful termination, discrimination, and harassment.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the supervisor restrained him while the co-worker struck him.

DEFENDANT'S CONTENTIONS:
The supervisor contended that the incident was merely verbal in nature.

Injuries

Plaintiff contended that he suffered a fractured nose, an irregular heartbeat, and hearing loss.

Result

Defense verdict.


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