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Labor Law
Wrongful Termination
Violation of the State Whistleblower Act

Christopher Trimble v. Fullerton Joint Union High School District

Published: Mar. 15, 2019 | Result Date: Oct. 24, 2018 | Filing Date: Apr. 5, 2017 |

Case number: 30-2017-00912903-CU-WT-CJC Verdict –  $650,000

Judge

Derek W. Hunt

Court

Orange County Superior Court


Attorneys

Plaintiff

William M. Crosby
(Law Office of William M. Crosby)


Defendant

Marlon C. Wadlington
(Atkinson, Andelson, Loya, Ruud & Romo)

Scott D. Danforth
(Atkinson, Andelson, Loya, Rudd & Romo)


Experts

Plaintiff

James E. Picket CPA
(economic)

Defendant

Richard Ruiz
(economics)

Facts

Plaintiff Christopher Trimble was hired by defendant Fullerton Joint Union High School District in November 2015 as Director of Food Services. Plaintiff filed a wrongful termination suit against his former employer.

Contentions

PLAINTIFF'S CONTENTIONS: During his employment, plaintiff implemented programs to improve food service and received no criticisms regarding his performance until early December 2016 when he was put on paid administrative leave for alleged performance issues.

Plaintiff claimed that he had protested to the Assistant Superintendent of Business Services, the Director of Business Services, and the Executive Director, Administration that defendant was unlawfully targeting students who had previously applied for subsidies under the Free and Reduced Meals Program sponsored by the U.S. Department of Labor and the California Department of Education. Defendant was well below the numbers it needed to justify an additional $4 million in funding, and because the students were contacted in the manner plaintiff claimed was unlawful, defendant was able to realize this additional funding.

Two months after being placed on administrative leave, in early February 2017, plaintiff was advised of a decision to eliminate his position, claiming that it was no longer necessary. Plaintiff claimed that an inadequate investigation had taken place, and that the elimination of his position was a pretext to justify his termination. Although plaintiff was able to find another job, it paid considerably less, and without the retirement benefits of the school district.

DEFENDANT'S CONTENTIONS: Defendant disputed the allegations.

Result

Plaintiff's verdict for $650,000, which included $129,716 in economic damages, and $520,284 in non-economic damages.

Other Information

POST-TRIAL: According to defense, the District defendants filed a motion for new trial on liability and damages, arguing that it was necessary because the damages award for plaintiff's alleged emotional distress was excessive. The damages award is inextricably intertwined with the finding of liability, and the finding of liability is based on the erroneous conclusion by the jury that plaintiff was denied due process in the procedure used to eliminate his position, not the elements of California Labor Code 1102.5. On Jan. 4, 2019, the parties orally argued the motion, and on Feb. 19, 2018, the court reduced the non-economic damages to $25,000. Plaintiff rejected the court's remitter amount as to the non-economic damages and the court granted the District's motion for new trial based on excessive damages. The court ordered a new trial for Nov. 18, 2019, which will be limited to determining plaintiff's non-economic damages.

Poll

9-3 (liability)

Length

seven days


#130974

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