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Employment Law
Wrongful Termination
Race and Age Discrimination

Richard Caldwell v. Paramount Unified School District

Published: Feb. 12, 1994 | Result Date: Jan. 10, 1994 | Filing Date: Jan. 1, 1900 |

Case number: BC064529 –  $0

Judge

Jerry K. Fields

Court

L.A. Superior Central


Attorneys

Plaintiff

Alexander A. Molina

Dale L. Gronemeier


Defendant

Conrad Kohrs


Experts

Defendant

Robert French
(technical)

Facts

On August 13, 1991, Defendant Paramount Unified School District's board of education voted, 3 to 2, not to renew the employment contract of Plaintiff Richard Caldwell, a 66-year-old Caucasian male superintendent, upon its expiration on June 30, 1992. After the vote, 2 board members who voted not to renew admittedly made published newspaper reports that Plaintiff was at the end of his career, 66 years old seeking a contract to age 70, and preference was for an Hispanic superintendent. Plaintiff's wife was a Paramount City Council member, allegedly at odds politically with one member who voted not to renew. Plaintiff had held the position since 1978. Reasons given at trial by 3 members who voted against renewal included Plaintiff's inability to provide leadership regarding educational and budgetary programs, low expectations for learning ability of minority student population, and his non-participatory management style. Plaintiff admitted that he had not been directly involved in the areas of budget, curriculum, or personnel and that responsibilities for those areas were delegated to subordinate administrators. Defendant hired a 47-year-old Hispanic female to assume superintendency on July 1, 1992.

Settlement Discussions

Defendant contends they made a 998 offer of $5,000 and Plaintiff demanded $350,000.

Specials in Evidence

$28,460 $350,000 $225,000 present value

Injuries

Emotional distress.

Deliberation

2.5

Poll

12-0 race discrimination, 9-3 age discrimination, 11-1 Plaintiff breach of express contract, 12-0 Plaintiff breach of implied contract provision, 10-2 Plaintiff breach of implied covenant of good faith and fair dealing; 8-4 Defendant breach of implied contract provision, 8-4 Defendant breach of implied covenant of good faith and fair dealing

Length

12 days


#77613

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