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Employment Law
Wrongful Termination
Violation of Public Policy

Marcelino ("Mars") Songco v. Century Quality Management Inc., Sam Menlo

Published: Nov. 8, 1997 | Result Date: Oct. 10, 1997 | Filing Date: Jan. 1, 1900 |

Case number: BC118303 –  $4,535,150

Judge

Carolyn B. Kuhl

Court

L.A. Superior Central


Attorneys

Plaintiff

Philip J. Ganz Jr.

Laurie S. Gorsline
(Administrative Law Judge)


Defendant

Marshall G. Mintz


Experts

Plaintiff

Darryl R. Zengler M.A.
(technical)

Defendant

Herb Isaacs
(technical)

Marc Bratman
(technical)

Facts

In March 1994, plaintiff Mars Songco, a 42-year-old accountant, was hired in as a controller/accountant for defendants Sam Menlo and Century Quality Management, Inc. (CQMI). Soon after, the plaintiff discovered and reported to defendant Sam Menlo in substance that the defendants were violating the tax laws. He claimed that the defendants paid their employees vacation pay, sick pay, overtime pay and bonuses on their general operating bank account without withholding taxes, without paying the employer's share of taxes and without reporting the information on the employee W-2s, or the employer's payroll tax returns. The plaintiff also reported to defendant Sam Menlo's agent and certified public accountant (CPA) Cy Sharon what appeared to Marcelino Songco to be backdated gift and mortgage checks at year's end in the amount of $1 million. The first trial regarding this matter ended in a hung jury. The plaintiff brought this action against the defendants based on a claim of wrongful termination in violation of public policy.

Settlement Discussions

The plaintiff made a settlement demand for $225,000. (Per the defendant, the plaintiff made a C.C.P. º998 offer for $250,000). The defendant offered $10,000. (Per the plaintiff, the defendant made an offer of compromise for $35,000).

Specials in Evidence

$201,000

Injuries

The plaintiff claimed he suffered emotional distress.

Other Information

The verdict was reached approximately two years ten months after the case was filed. A mediation was held before Allen S. Morton, Esq.

Deliberation

two days

Poll

12-0 (liability and malice); 9-3 (punitive damages)

Length

16 days


#79791

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