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Employment Law
Wrongful Termination
Defamation

Holly Hubbard v. Michael De Wees

Published: Dec. 28, 1996 | Result Date: Nov. 5, 1996 | Filing Date: Jan. 1, 1900 |

Case number: BC133080 –  $0

Judge

Ronald E. Cappai

Court

L.A. Superior Central


Attorneys

Plaintiff

Linda Thornton


Defendant

Daniel P. Aguilera
(Office of the City Attorney)


Facts

On May 26, 1995, plaintiff Holly Hubbard, a 24-year-old receptionist, was terminated by defendant Michael De Wees, the owner/publisher of a weekly newspaper. The defendant claimed the plaintiff was terminated for lack of performance. The plaintiff had been primarily responsible for collecting utility payments from customers and depositing collections into accounts or giving it to a utility agent. After terminating the plaintiff, the defendant allegedly discovered missing checks and cash in excess of $70,000. The defendant reported this to the police. The plaintiff brought this action against the defendant based on wrongful termination, malicious prosecution, defamation and intentional infliction of emotional distress theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $45,000. The defendant made a settlement offer of $1,500.

Specials in Evidence

$5,000 $ _______ $ _______

Injuries

The plaintiff alleged she suffered emotional distress and incurred $2,000 in attorney's fees to defend the police investigation.

Other Information

The decision was reached approximately one year and three months after the case was filed. The case was ordered to mediation but was never mediated. The plaintiff's polygraph (that was requested by the police) was excluded from evidence on a motion in limine by the defendant. The plaintiff, therefore, was unable to present evidence that the polygraph exonerated her, that the polygraph test imposed stress on her and the that she incurred the cost of the polygraph.

Deliberation

1 day

Poll

9-3

Length

6 days


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