Beth Silverman and Tannaz Mokayef v. County of Los Angeles, Gary Hearnsberger, and Does 1 through 100, inclusive
Published: Nov. 24, 2017 | Result Date: Apr. 3, 2017 |Case number: BC577363 Settlement – $700,000
Judge
Court
Orange County Superior Court
Attorneys
Plaintiff
C. Michael Alder
(AlderLaw PC)
Lauri L. Brenner
(Brenner Law)
Defendant
Calvin R. House
(Gutierrez, Preciado & House LLP)
for Gary Hearnsberger
Linda Miller Savitt
(Ballard, Rosenberg, Golper & Savitt LLP)
for County of Los Angeles
Facts
Beth Silverman and Tannaz Mokayef sued the County of Los Angeles and Gary Hearnsberger, involving allegations of sexual harassment in the workplace.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs Silverman and Mokayef claimed they were subjected to repeated sexual harassment and unwanted sexual touching by defendant, Head Deputy Gary Hearnsberger, creating a hostile work environment. Hearnsberger was the direct supervisor of both plaintiffs. Silverman alleged that Hearnsberger physically touched her on several occasions, made sexually inappropriate remarks, looked at sexually explicit materials at work, made sexually suggestive gestures including simulating oral sex and engaged in sexually explicit conversations in the workplace. Plaintiffs alleged that the administration knew about Hearnsberger's conduct for many years as he had subjected numerous other women to his sexually explicit behavior, but the culture of the district attorney's office discouraged women from complaining because it would ruin their careers. As a result of the filing of the lawsuit, other women and victims of Gary Hearnsberger's sexual harassment came forward corroborating plaintiffs' claims.
Plaintiff Silverman had 20 years of top-rated performance evaluations. After the filing of this lawsuit, Silverman's supervisor rated her downward even though she had just completed one of the most notorious serial murder trials in the office's history and gained a conviction and the death penalty, in addition to trying other cases during the rating period. The defendant county retaliated against Silverman by giving her an unjustified performance evaluation. Only after Silverman filed an appeal of her rating in order to grieve the evaluation, along with bringing her attorney in the civil suit to a meeting with her immediate supervisor and the county's lawyer, the county agreed to give her a higher rating.
Plaintiff Silverman alleged she suffered emotional distress and damage to her career and reputation.
DEFENDANTS' CONTENTIONS: Defendants denied the allegations. Defendants also contended that plaintiffs' claims were complete fabrications.
Injuries
Silverman suffered emotional distress resulting from Hearnsberger's offensive conduct. Silverman also contended that her reputation was damaged resulting from defendants' retaliation.
Result
Silverman agreed to settle for $500,000 plus other benefits prior to trial. The county agreed to $700,000 in total settlement.
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