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Employment Law
Wrongful Termination

James Moreno v. Coast Federal Bank

Published: Apr. 12, 1997 | Result Date: Feb. 4, 1997 | Filing Date: Jan. 1, 1900 |

Case number: BC120718 –  $330,000

Facts

On Jan. 25, 1994, plaintiff James Moreno, a 43-year-old organization development specialist, was terminated by defendant Coast Federal Bank six months after he was hired. The plaintiff, a male Caucasian, was "laid off" within three months of supporting an African-American co-worker's complaints of racial discriminations. The plaintiff and his co-worker were terminated on the same day, shortly after they complained to defendant Coast's human resources department. Per the defendant, the co-worker's pay discrimination claim was resolved to her satisfaction after it was brought to the attention of the human resources department. The plaintiff brought this action against the defendant based on retaliatory termination in violation of the Fair Employment and Housing Act.

Settlement Discussions

Per the plaintiff, the plaintiff made a settlement demand for $60,000. Per the defendant, the plaintiff made a settlement demand of $280,000. The defendant made a C.C.P. º998 offer of compromise for $12,500, increased to $60,000 at the mandatory settlement conference.

Specials in Evidence

$150,000 to $250,000 (disputed)

Damages

The plaintiff claimed $24,000 for loss of medical insurance plus damages for emotional distress.

Other Information

The verdict was reached approximately two years after the case was filed. A mediation was held on May 9, 1996 before Judge Bernard Selber, retired. It did not resolve the matter. The defendant has appealed the judgment based on: juror misconduct, the dismissal of the supervisor and human resources manager with prejudice, and that the verdict was not supported by the evidence.

Deliberation

1+ days (liability phase), 1+ days (punitive phase)

Poll

10-2 (for plaintiff); 10-2 (for oppression and/or malice); 9-3 (in favor of punitive damages); 9-3 (for $240,000 in punitive damages)

Length

9+ days


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