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Employment Law
FEHA
Sexual Harassment

Carissa Ramirez v. Crown Energy Services, Inc.

Published: Oct. 8, 2021 | Result Date: Jul. 20, 2021 | Filing Date: Sep. 13, 2021 |

Case number: CV2019-2520 Verdict –  $650,000

Judge

Samuel McAdam

Court

Yolo County Superior Court


Attorneys

Plaintiff

Jeffrey A. Lipow
(Lipow & Harris)


Defendant

Bonnie A. Glatzer
(Nixon Peabody LLP)


Facts

Plaintiff Carissa Ramirez was employed by defendant as a Utility Engineer. Over the course of seven months, she was sexually harassed by her supervisor, Pedro Alvarez, with unwanted touching, comments about her appearance, text messages about her appearance with secret photographs taken attached, non-business telephone calls after hours, and stalking. Plaintiff reported the harassment to other supervisors who did nothing. After her efforts to transfer to another shift to remove herself from Alvarez's shift were futile, plaintiff resigned after accepting a job with another employer.
When the harassment became known to defendant's upper management, an investigation was undertaken. It was determined that Alvarez sexually harassed plaintiff, and he was disciplined with a transfer and demotion.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that she was sexually harassed in violation of the FEHA.

DEFENDANT'S CONTENTIONS: Defendant contended that Alvarez was not a supervisor, and that his conduct did not constitute sexual harassment as a matter of law. Defendant contended that plaintiff was not injured.

Insurer

Travelers, with $1,000,000 self insured retention

Settlement Discussions

Plaintiff's last pre-trial offer was $749,000 including attorney fees. Defendant served a 998 offer to compromise for $150,000 including attorney fees.

Result

Plaintiff's verdict for $650,000. $450,000 was for past emotional damages, and the remaining $200,000 for future emotional damages.

Other Information

Parties settled plaintiff's post-trial motion for attorneys fees for $400,000.

Deliberation

Three hours

Length

Four days


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