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CONFIDENTIAL

Jul. 6, 1996

Employment Law
Breach of Contract
Inadequate Compensation

Confidential

Settlement –  $40,750

Judge

C. Anders Holmer

Court

Nevada Superior


Attorneys

Plaintiff

Robert L. Tamietti


Defendant

Geoffrey O. Evers
(Evers Law Group, APC)


Facts

In May 1990, the plaintiff, a 40-year-old man, was hired as the general manager of the defendant public utility district. In a letter sent to the plaintiff and executed by the president of the district board of directors, the plaintiff was promised a compensatory time-off benefit based on a 40-hour work week, to be paid as straight time if unused at his termination. The plaintiff resigned on March 17, 1995, and was not paid for his unused compensatory time. The plaintiff brought this action against the defendant employer based on breach of contract and bad faith denial of contract theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $78,288. The defendant made a C.C.P. º998 offer of compromise for $17,515.

Damages

The plaintiff claimed $78,288 in economic damages.

Other Information

The settlement was reached approximately seven months after the case was filed. A settlement conference was held on May 2, 1996, before the Hon. C. Anders Holmer of Nevada County Superior Court resulting in the reported settlement.


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