Pablo A. Alcantar v. Foothill Ranch, Inc., and Luis Parra
Published: Oct. 25, 1997 | Result Date: Aug. 4, 1997 | Filing Date: Jan. 1, 1900 |Case number: 275483 – $0
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Roland C. Bainer
(Clayson, Bainer & Saunders)
Experts
Plaintiff
Tamorah Hunt
(technical)
Facts
On Jan. 17, 1995, defendant Foothill Ranch, Inc., laid off four irrigators/farm laborers employed at its main ranch. Plaintiff, Pablo A. Alcantar, one of the four irrigators, was the oldest of the four individuals laid off. He was 61-years old. The four were told that they would be recalled for employment when the defendant employer needed for their services. The plaintiff and the three other irrigators were not subsequently recalled for further employment. The plaintiff brought this action against the defendant based on wrongful termination and emotional distress theories of recovery.
Settlement Discussions
The plaintiff made no settlement demand. The defendant made an offer of compromise for $2,500.
Specials in Evidence
$8,000 $19,000
Damages
The plaintiff reports that no figure was requested for damages for emotional distress.
Injuries
The plaintiff claimed emotional distress damages.
Other Information
The verdict was reached approximately one year and eight months after the case was filed. An arbitration was held on Feb. 4, 1997 before Mac Ray Fisher, an attorney with Fisher, Weathers & Geeting resulting in a finding for defendant. The plaintiff requested a trial de novo. Per plaintiff's counsel, the plaintiff failed to state at his deposition that he had been told he was being laid off because of his age. At his deposition, the plaintiff stated he was told he was chosen for lay off because there was no work for him.
Deliberation
four hours
Poll
10-2, 9-3 (per plaintiff)
Length
six days
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