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Employment Law
Wrongful Termination
Sexual Orientation Discrimination

Fernando Vallin v. ESP Computer Services Inc., Juanita Barnes-Burton, and Does 1 through 10

Published: Jul. 19, 2014 | Result Date: Mar. 20, 2014 | Filing Date: Jan. 1, 1900 |

Case number: BC489663 Verdict –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Geoffrey C. Lyon
(Lyon Law PC)


Defendant

Timothy R. Vrastil
(Bish Law)

Camm L. Sublette
(Law Office of Larry H. Parker)


Facts

Fernando Vallin filed a lawsuit against ESP Computer Services Inc. and Juanita Barnes-Burton in relation his employment.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he worked for ESP as an order entry supervisor and that Barnes-Burton was his boss. He claimed that on Dec. 9, 2011, he was fired due to his sexual orientation as an openly gay man and alleged that Barnes-Burton made improper remarks to him regarding sexual orientation.

DEFENDANT'S CONTENTIONS:
Defendants contended they were aware plaintiff was gay when he was hired. Defendants claimed that plaintiff was warned for socializing too much while at work. Defendant also claimed that plaintiff engaged in conduct not fitting of a manager when he sent text messages containing negative statements about Barnes-Burton, to another worker.

Settlement Discussions

Plaintiff demanded $90,000 raised to $125,000 before trial. Defendants offered $15,000 after CCP 998 expired.

Damages

Vallin asked for $150,000 in lost wages and $150,000 in emotional distress damages.

Injuries

Plaintiff suffered emotional distress.

Result

The jury's verdict favored defendants, concluding that plaintiff was not fired due to his sexual orientation.

Poll

11-1

Length

nine days


#82998

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