William Zamora v. Escondido Union School Distrist, Nicolas Retana
Published: Aug. 19, 2000 | Result Date: May 23, 2000 | Filing Date: Jan. 1, 1900 |Case number: N81401 Verdict – $247,500
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Randall L. Winet
(Winet, Patrick, Gayer, Creighton & Hanes ALC)
Experts
Plaintiff
Robert H. Wallace
(technical)
Facts
The plaintiff claimed that he was induced to leave a 25-year career in public education in Albuquerque to work in
Escondido Union School District (EUSD) in administrative position. After indicating that the plaintiff could
not start until after a fingerprint and background check, the defendants allowed the plaintiff to quit his job in
New Mexico.
The plaintiff moved to Escondido and commenced employment before EUSD received results from FBI, which
arrived five months after he had started his employment. The FBI revealed a 1963 felony conviction when the
plaintiff was a juvenile, for which he had received pardon in 1972. Such a conviction rendered him ineligible
for employment in California schools, regardless of pardon. In the aftermath of the discovery of felony
conviction, defendant superintendent breached confidentiality of information by sharing with a school board
member back in Albuquerque, who in turn shared the information with the Director of Personnel in
Albuquerque.
The plaintiff thereafter was turned down for five jobs he attempted to obtain in the school district where he had
been employed for 25 years.
Settlement Discussions
The plaintiff demanded $400,000 before trial. The defendants made no offer.
Specials in Evidence
$406,000
Deliberation
7.5 hours
Poll
12-0 (negligence), 12-0 (privacy)
Length
one week
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