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Employment Law
Age Discrimination
Failure to Accommodate

Chris Prell v. The Lobster LLC

Published: Jul. 26, 2024 | Result Date: Apr. 11, 2024 | Filing Date: Dec. 28, 2021 |

Case number: 21STCV47142 Arbitration –  Respondent

Judge

Upinder Kalra

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

David R. Denis
(Law Offices of David R. Denis PC)

Armando M. Galvan
(Law Offices of David R. Denis PC)


Defendant

Robert F. Kull
(Kull + Hall)

Kevin P. Hall
(Kull + Hall)


Facts

Beginning around 2007, Chris Prell was hired as a server for The Lobster LLC restaurant in Santa Monica. Later, he sued his former employer for several claims involving age and disability discrimination, retaliation, wrongful termination, and later, defamation. The case went to arbitration and defendant denied the claims, arguing that plaintiff was an at-will employee who was not rehired at the restaurant following its second closure during the COVID-19 pandemic because of valid business- and performance-related issues. Moreover, defendant further contended that management was not apprised of plaintiff's disability issue or need for family leave and plaintiff had no demonstrated disability.

Result

On December 6, 2023, Arbitrator Lizbeth Hasse issued an Arbitration Award in favor of respondent The Lobster, with no fees or costs awarded to respondent per JAMS rules for employment arbitration, and each party being responsible for their own attorneys' fees. Prell then sought to vacate the arbitrator's decision, asserting that the arbitrator misapplied laws and procedures. However, ultimately, the court confirmed the arbitration award.


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