Facts

Defendant Antonio Romasanta, 84, owns and operates Eladio's Restaurant/Harbor View Inn as a DBA. Plaintiff Charles Saccio was hired Jan. 13, 2013 as the food and beverage director, reporting to Mark Romasanta, the general manager, and defendant's son.

PLAINTIFF'S CONTENTIONS:
After one year of employment, Mark Romasanta gave plaintiff a favorable review, a bonus, an $8,000 raise to $60,000. Mark Romasanta testified he was satisfied with plaintiff's performance as of June 9, 2014. On June 11, 2014, while Mark Romasanta was on vacation, defendant Antonio Romasanta called plaintiff, 64, to a meeting. At the meeting, he asked plaintiff his age and commented that he was, "no spring chicken." Antonio then informed plaintiff that he would be getting an assistant for him and that he would need to train her. The next day, plaintiff reported these questions/comments to Eladio's HR Director, Carla Silva, per stated HR policies, expressing concern that he would be fired because of his age. In violation of stated policy, there was no investigation of this complaint, despite Silva's report to Mark Romasanta, whose directive was that his father focused on the business issues and that he has no control of his father's decisions.

On June 25, 2014, Romasanta fired plaintiff based on unspecified performance deficiencies that were never documented, also in violation of stated job security policy, which plaintiff argued required progressive discipline, i.e., verbal warnings, written warnings, suspension, etc. Romasanta again commented about plaintiff's age at the termination meeting, which was confirmed by former HR Director Silva, who resigned shortly after plaintiff was fired. Rather than allow plaintiff to resign, Romasanta directed a termination letter be posted in his personnel file, stating the termination was based on poor performance, failure to perform the duties of the position and the standard required, work performance and that the quality of work had not met their expectations.

Romasanta immediately replaced plaintiff with his 30-year-old assistant, Carolina Sanchez, as food and beverage director. Three months later, Sanchez was accused of creating a hostile work environment by a subordinate. Complying with stated policy, the new HR Director for Eladio's, promptly investigated the claim by taking statements from all parties, and issued a written warning to Sanchez. Despite this event, as well as a detailed report of a cockroach infestation in Eladio's kitchen, Romasanta subsequently gave Sanchez a raise to $60,000.

Plaintiff claimed age discrimination, hostile work environment, and defamation.

During trial, defense presented evidence of plaintiff's 8-year-old, unrelated bankruptcy proceeding in another state as "impeachment." Romasanta had two laborers bring in a large painting from his office to display to the jury, again as impeachment. Romasanta claimed plaintiff was primarily responsible for the profitability of Eladio's, an assertion that was controverted by defense witnesses called by plaintiff at trial, including Mark Romasanta. Trial testimony indicated Eladio's had been profitable only one year since the 1990's. Romasanta called three witnesses at trial, all currently on his payroll, including his daughter. After the punitive damages phase of trial was reached, Romasanta stipulated to a net worth of $75 million.

DEFENDANTS' CONTENTIONS:
Defense denied the allegations.

Settlement Discussions

Plaintiff offered to settle for $75,000 before filing suit, which was rejected by Romasanta. On June 25, 2015, plaintiff served a CCP 998 offer for $125,000, also rejected by Romasanta. Romasanta offered to waive cross-complaint against plaintiff at a mediation with Henry Bongiovi on Jan. 7, 2016. At the Mandatory Settlement Conference on Aug. 12, 2016, Romasanta offered nothing.

Specials in Evidence

$38,800 $31,777

Damages

Plaintiff claimed $38,800 in wage loss, as per testimony by expert/economist John Nordstrand, retained/paid by defendant.

Injuries

Plaintiff claimed emotional distress.

Result

The jury found in favor of the plaintiff and awarded him $545,777, which includes $400,000 in punitive damages, $38,800 in past economic loss, $31,777 in future economic loss, and $75,000 in past non-economic loss. After finding of malice and oppression during first phase of trial, Romasanta stipulated to a net worth of $75,000,000 for the punitive damage phase.

Other Information

FILING DATE: April 27, 2015. MEDIATORS: Henry Bongiovi, Lawrence Dam.

Deliberation

six hours

Length

seven days