Freddy Aw v. San Gabriel Valley Medical Group
Published: Dec. 2, 2000 | Result Date: Sep. 22, 2000 | Filing Date: Jan. 1, 1900 |Case number: BC209683 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Anthony J. Oncidi
(Proskauer Rose LLP)
Facts
The plaintiff worked as a family practice physician for the defendant medical group for approximately five years,
initially as an independent contractor and then as an employee. The plaintiff was terminated on or about Oct. 5,
1998.
The plaintiff sued, alleging claims for race discrimination under the Fair Employment & Housing Act,
wrongful termination in violation of public policy, retaliation in violation of public policy and retaliation for
having reported malpractice by a fellow physician.
The plaintiff also pled a cause of action for breach of contract based on his contention that he was not given
180 days notice of termination pursuant to written agreement.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 offer for $120,000 in September 1999. The defendant made a C.C.P. Section 998 offer in the amount of $65,000 in January 2000.
Other Information
The defendant filed a motion for summary judgment, granted in its entirety (four causes of action). The court ruled that the plaintiff failed to rebut the defendantÆs articulated non-discriminatory reason for the plaintiffÆs termination. The court also concluded that the "addendum," signed by the plaintiff nullified the 180-day notice provision of the independent contractor agreement. The plaintiff has filed a notice of appeal.
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