Linus Lee v. ENPC Technology
Published: Sep. 23, 2000 | Result Date: Jul. 28, 2000 | Filing Date: Jan. 1, 1900 |Case number: BC196250 – $1,359,260
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
David H. Greenberg
(Law Office of David H. Greenberg)
Jeremy D. Pasternak
(Law Offices of Jeremy D. Pasternak)
Defendant
Albert Y. Chang
(Bottini & Bottini Inc.)
Travis J. Tom
(Chang & Cote LLP)
Facts
The plaintiff, Linus Lee, is a 43-year-old Chinese American. He was hired in late 1997 to be the CEO of a brand new U.S. subsidiary (ENPC) of a Chinese-owned public company. In the first year, ENPC lost over $2 million. The plaintiff was fired shortly thereafter. The defendants claimed that the plaintiff had actually quit, that his leaving had been by mutual agreement, and that they no longer wished to employ him because of his poor performance and his failure to follow company policies. Defendant ENPC brought a cross-complaint for defamation and breach of fiduciary duty. The plaintiff claimed that in the six months before his termination, he was told to hire Chinese employees to replace American employees, and that he was fired in retaliation for protesting this discrimination. The plaintiff also claimed that after he made these protests, the parent company no longer perceived him as Chinese, but rather as an American, and therefore fired him because of his perceived national origin. The plaintiff also brought claims for breach of implied contract and breach of the implied covenant of good faith and fair dealing.
Settlement Discussions
The plaintiff demanded $375,000 prior to trial. The defendant made no offer.
Other Information
The defamation claim was dismissed on motion for nonsuit.
Deliberation
one day and one hour
Poll
12-0 (for plaintiff on claims for retaliation, wrongful termination, breach of implied contract and breach of covenant of good faith and fair dealing), 12-0 (for plaintiff on cross-complaint for breach of fiduciary duty)
Length
15 days
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