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
Court
L.A. Superior Central
Attorneys
Plaintiff
Laurie S. Gorsline
(Administrative Law Judge)
Defendant
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
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