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Breach of Contract
Settlement Agreement
Fraud

Robert Surber v. Burnet Sumner and Christine McGill

Published: Apr. 22, 1995 | Result Date: Feb. 27, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 954991 –  $0

Judge

Kathleen Baxter-Walker

Court

San Francisco Superior


Attorneys

Plaintiff

Alan Berkowitz

Sharon Zezima


Defendant

Anne B. Weills
(Siegel, Yee, Brunner & Mehta)

Daniel M. Siegel
(Siegel, Yee, Brunner & Mehta)


Facts

This lawsuit arose from a prior lawsuit between Doctors Burnet Sumner and Christine McGill and The Regents of the University of California and Robert Surber. In the underlying suit Surber was named as a Defendant and accused by Summer, McGill, and female staff members (Surber was a supervising social worker at San Francisco General Hospital) of inappropriate, unprofessional, and unwanted verbal and physical sexual harassment. During the internal investigation of the underlying case, counsel for the Regents concluded that Surber's conduct toward female staff members was inappropriate and unprofessional. The parties engaged in a mediation with Judicial Arbitration and Mediation Services on June 1 and 3 of 1993. The parties agreed to an outline of a proposed settlement; and, if the Regents approved, a written settlement would be negotiated and executed. Subsequently, the Defendants (Plaintiffs in the underlying action) in this instant action disputed the existence of the settlement as binding. In September and October of 1993, Surber and the Regents brought separate lawsuits (later consolidated) against Sumner and McGill; upon motions for summary judgment and summary adjudication by The Regents and Surber, the Court ruled that the settlement agreement was a contract and dismissed the underlying lawsuit; Sumner and McGill appealed that decision. In December of 1994, the Regents dismissed their remaining claim and withdrew from the litigation; the remaining parties went to trial on the issue of contract damages; claims for breach of the covenant of good faith and fair dealing; and fraud.

Settlement Discussions

No offers or demands were exchanged prior to this result.

Damages

Unspecified general and punitive damages.

Deliberation

1 day

Poll

varied

Length

8 days


#78371

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