Facts

In June 2007, defendant Chuck Yoo, a supervisor of defendant Hongjin Crown America (HJCA), made a cell phone videotape of employee plaintiff Rommel Lorenzo sitting on a toilet holding a magazine. Defendant showed the tape to a co-worker. The plaintiff resigned and filed suit, alleging violations of Labor Code Section 435, invasion of privacy, and intentional infliction of emotional distress. HJCA cross-claimed, alleging conversion and breach of contract.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that Yoo used the video to coerce and threaten plaintiff into performing tasks and buying him lunch. He contended that the video was sent and shown to others.

DEFENDANT'S CONTENTIONS:
HJCA denied that it was responsible for the action of Yoo and contended the action was outside the course of Yoo's employment. HJCA alleged that plaintiff copied its customer list and pricing information and took them when he resigned, which was prohibited by the plaintiff's employment agreement and handbook. Also, plaintiff took two helmets estimated at $1950 from HJCA.

Injuries

The plaintiff claimed emotional distress. Both defendants denied that Lorenzo suffered emotional distress.

Result

A jury found there was an invasion of privacy, but did not award damages. On the cross-complaint, the jury found that Lorenzo breached his employment agreement and converted HJCA property, but did not owe damages for the breach or conversion, according to defense counsel.

Other Information

FILING DATE: Dec. 28, 2007.