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CONFIDENTIAL

Dec. 28, 1996

Employment Law
Wrongful Termination
Pregnancy Discrimination

Confidential

Settlement –  $95,000

Judge

Charles W. Stoll

Court

L.A. Superior Glendale


Attorneys

Plaintiff

Sherry L. Kerdman


Defendant

Kathryn Bernart

Charles E. Brumfield
(Law Office of Charles E Brumfield)


Experts

Plaintiff

David Wellisch
(medical)

Barbara Luna
(technical)

Vincent Natoli Jr.
(technical)

Facts

From 1992 to 1994, the plaintiff, a 25-year-old licensed vocational nurse, was employed by the defendant medical center as its director of nursing. On March 10, 1994, she went on unpaid leave, after giving birth to her second child. Thereafter, on April 18, 1996, the plaintiff telephoned the defendant and advised that she would soon be released to work and would like to be reinstated in May. The defendant refused to reinstate her. The defendant had no insurance and was run as a one-office corporation. The plaintiff brought this action against her former employer based on wrongful termination, pregnancy discrimination and violation of the Fair Employment & Housing Act theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $66,000 which was increased to $125,000. The defendant made a settlement offer of $5,000 at the settlement conference.

Damages

The plaintiff sought damages for emotional distress, loss of earnings and loss of seniority.

Injuries

The plaintiff alleged she suffered emotional distress.

Other Information

The settlement was reached approximately one year and four months after the case was filed. SETTLEMENT CONFERENCE: A voluntary settlement conference was held on July 12, 1996 before Judge Stoll. It did not resolve the matter. The case settled before trial at the mandatory settlement conference.


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