Confidential
Settlement – $282,500Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Joshua M. Merliss
(Law Offices of Joshua M. Merliss)
Defendant
Monte H. Machit
(Office of the Long Beach City Attorney)
Experts
Plaintiff
Paul Broadus M.A.
(technical)
Maria E. Mayoral
(medical)
Defendant
Melvin Schwartz
(medical)
Facts
The plaintiff, a 43-year-old parking meter technician, claimed that his supervisor, the co-defendant William LoPresti, harassed him because of his race and nationality. The plaintiff, who was born in Mexico, alleged that the defendant called him a "wetback" and "beaner" as well as other similarly offensive words over the years that he had worked for the city of Long Beach. He also claimed that the defendant made fun of his accent, singled him out for criticism and yelled at him in person and over the radio and made derogatory remarks in his presence about his immigration status. The plaintiff also claimed he was forced to listen to LoPresti make racist comments about people on the street while they were on route together.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $250,000 including costs and attorney fees and this was later increased to $350,000 at the time of trial. The defendants offered $100,000 the day before the start of trial and then $282,500 on the first day of trial.
Injuries
The plaintiff's medical expert testified that the plaintiff had a pre-existing susceptibility to generalized anxiety disorder that became symptomatic as a result of abuse from the defendant. Now, the plaintiff suffers from permanent "generalized anxiety disorder."
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