Facts

Between October 2010 and January 2013, plaintiff Juddy Olivares, worked for defendant Sam Daniel Dason, DDS, A Professional Dental Corporation doing business as Colton Dental Group, as a dental assistant and back office manager at its Colton dental office. Colton Dental Group is owned by defendant Sam Dason.

PLAINTIFF'S CONTENTIONS:
Plaintiff was a single mother in her early twenties, and this position was her first in the dental field following her graduation from dental school. Plaintiff contended that throughout her employment with Colton Dental Group, plaintiff was subjected to offensive sexual comments and inquiries, and other unwelcome sexually based, offensive conduct by Dason. Specifically Dason, would make sexual jokes, sexual comments, leer at her, inquire about private sexual topics, and on multiple occasions, Dason grabbed plaintiff breast and buttocks. Plaintiff complained to her manager, Cesar Espinoza, but plaintiff claimed he failed to take sufficient action to stop the harassment.

In May 2011, Dason invited plaintiff to a dental convention in Las Vegas under false pretenses. Plaintiff had never been to a dental convention, so plaintiff agreed to go and asked her co-worker, Karen to join her. The following morning, while in Vegas, plaintiff and Karen learned that there was no dental convention. Dason took them zip lining instead. After zip lining, and without their knowledge of what kind of show it was, Dason took plaintiff and Karen to a topless show. Attending this show was very uncomfortable for both plaintiff and Karen.

Back at work, Dason began tickling plaintiff, and stared at plaintiff breasts in a sexual way on multiple occasions. At one point, while plaintiff was yawning, Dason stuck his finger in her mouth and touched her tongue. In April 2012, plaintiff was repeatedly subjected to unwelcome sexual touching at the hands of Dason. As plaintiff was developing an x-ray during a root canal, Dason grabbed plaintiff's buttocks. Dason apologized, and promised not to do it again. At the time, plaintiff believed him, and she needed to keep her job to support her daughter. Several months later, as plaintiff attempted to turn off an air conditioner, Dason grabbed plaintiff's buttocks and laughed. In response, plaintiff again went to her manager and related what had happened, and he told plaintiff that she should talk to Dason but she refused. Dason's sexual touching continued.

Result

Plaintiff's verdict for $1,742,691, which included $16,735 in economic damages, $1 million in non-economic damages, $17,694.60 in total labor code damages, $100,000 in punitive damages, and $608,261.12 in attorney fees and costs.

Other Information

On Jan. 15, 2016, following defendants repeated failure to comply with a court order regarding discovery after plaintiff's motion to compel, the court issued terminating sanctions against defendants as to plaintiff's Labor Code causes of action only. POST-TRIAL MOTION: $592,160 in attorney fees ($296,080 x 2.0 Lodestar multiplier) FILING DATE: Jan. 24, 2013.

Length

one day