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
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