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CONFIDENTIAL

Dec. 10, 1994

Employment Law
Failure to Promote
Age Discrimination

Confidential

Settlement –  $350,000

Judge

Dickran M. Tevrizian

Court

USDC Central


Attorneys

Plaintiff

Dolores Y. Leal
(Allred Maroko & Goldberg)


Defendant

Donna D. Melby
(Paul, Hastings, Janofsky & Walker LLP)


Experts

Plaintiff

Perry Maloff M.D.
(medical)

Defendant

Paul R. Lees-Haley
(medical)

Joseph Smith
(medical)

Facts

Plaintiff, now a 64-year-old female, was hired by Defendant auto dealership on August 20, 1984, soon after it opened for business. Initially she performed clerical duties. She gradually learned and assumed more and more responsibilities within the business office; in 1989 she became the assistant business manager. In 1991, the business manager resigned her position with Defendant; as a result, Defendant's controller, a man in his early 30's, was assigned to oversee the business office operations which were in transition due to business increase and personnel changes. Defendant then hired a 26-year-old inexperienced female to permanently fill the position of business manager. Plaintiff subsequently resigned, alleging constructive termination.

Settlement Discussions

Defendant contends that Plaintiff's original demand was $850,000 (exclusive of attorney fees); later reduced to $600,000 (inclusive of attorney fees); then to $350,000 (inclusive of attorney fees).

Specials in Evidence

collateralized $200,000

Injuries

Emotional distress requiring therapy. Plaintiff's medical expenses were paid by Workers' compensation.


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