Corey Stewart v. Peter Starcevic, SD Fitness Centers Inc.
Published: Mar. 18, 2006 | Result Date: Feb. 9, 2006 | Filing Date: Jan. 1, 1900 |Case number: GIE022783 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Michael G. Willoughby
(technical)
Facts
Plaintiff Corey Stewart claimed hostile work environment based upon comments and jokes of a sexual nature
made by defendant Starcevic over a period of nine months of employment. The plaintiff claimed that many
comments were directed at her, and that many others occurred either in her presence or that she heard about
them through other employees. The plaintiff also claimed that her hours were cut after it was learned that she
was pregnant and claimed that she was terminated due to her pregnancy.
The defendant denied that the plaintiff was terminated and claimed that she quit, or at least that company
management did not authorize her termination. The defendant maintained that the plaintiffÆs hours were cut
due to her scheduling availability issues, and her own poor performance. The defendants admitted to many of
the alleged comments, but maintained they were made as a joke and not for any sexual purpose.
The defendant maintained that the nature and frequency of the alleged conduct were insufficient to be considered
severe or pervasive. The defendant further maintained that, based upon her own conduct, the plaintiff was not
subjectively offended by said comments based on her own conduct. The plaintiffÆs was one of five suits by
former employees of SD Fitness Centers. The other four quit. In the instant case, the plaintiff claimed she was
fired, but the defendant claimed that she quit. Three of the other four cases settled, while the fourth was
dismissed on summary judgment.
Settlement Discussions
The defendant made an early C.C.P. Section 998 offer of $5,000. The defendant made a pre-trial C.C.P. Section 998 offer of $40,000, plus costs (but exclusive of attorney's fees). The plaintiff made a pre-trial demand of $325,000.
Damages
The plaintiff claimed loss of earnings plus post-termination loss of earnings of $3,700.
Result
Defense verdict.
Other Information
The case was mediated before mediator Douglas Barker but no settlement was reached.
Poll
12-0, 11-1
Length
nine days
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