Viki Barefoot v. Helen Biery, et al.
Published: Jan. 27, 1996 | Result Date: Oct. 23, 1995 | Filing Date: Jan. 1, 1900 |Case number: 674861 – $25,688
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Gregory Y. Lievers
(Law Offices of Gregory Y. Lievers)
Facts
In February, 1993, the plaintiff, Viki Barefoot, a 47-year-old hotel secretary, and her boyfriend applied for positions as resident managers of the defendant's hotel on Catalina Island. The plaintiff and defendant, Karen Biery, the defendant hotel's general manager, reached an oral understanding that the plaintiff and her boyfriend would be hired as resident managers. The plaintiff quit her job and sold her possessions in preparation for a move from San Diego to Catalina Island. A written employment agreement was sent to the plaintiff after she moved her possessions to Catalina Island and one day before she was to start her job. The plaintiff refused to sign the defendants' agreement and faxed the defendants a written agreement which she contended reflected the terms of the oral agreement. The defendants then terminated the plaintiff's employment. The plaintiff brought this action against defendants, Karen Biery and Helen Biery, the trustee of the Margaret MacCrae Wibery Trust, based on breach of contract theories of recovery.
Settlement Discussions
The plaintiff demanded $30,000 at mediation, which was later withdrawn. The defendant offered $25,000 at a mediation, which offer was later withdrawn. The plaintiff offered to accept the $25,000 immediately prior to trial, which acceptance or demand was rejected by the defendants.
Specials in Evidence
$875 $46,171 $4,000 not claimed
Damages
The plaintiff asked the jury to award her $50,175 in lost earnings, $11,584 for consequential damages related to the anticipated move, unspecified damages for emotional distress and punitive damages.
Other Information
The verdict was reached approximately one year and seven months after the case was filed. Helen Biery filed a cross-complaint against the plaintiff for breach of contract and misrepresentation. The cross-complaint was dismissed before trial and the plaintiff was awarded over $4,000 in sanctions related to attorney's fees incurred in defending the allegedly frivolous cross-complaint.
Deliberation
2 days
Poll
12-0 (breach of contract)
Length
5 days
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