Facts

The plaintiff brought suit for defamation per se, wrongful termination and intentional infliction of emotional distress arising out of her termination from employment with The Helman Group.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that her termination was retaliatory and motivated by her complaints about a defamatory email sent by a co-worker accusing her of an extra-marital sexual affair. The plaintiff complained about workplace harassment and rumors regarding the alleged sexual affair. Nothing was done and the plaintiff was terminated one month later.

The plaintiff further alleged that the defendants made several other defamatory statements to third parties causing severe emotional distress and injury to reputation.

DEFENDANT'S CONTENTIONS:
The defendants contended that the subject email did not originate from the plaintiff's work computer and that the plaintiff was terminated for misconduct in the workplace. Further, that they did not publish or disseminate any defamatory statements.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $50,000; the defendant offered $10,000, increased to $20,000 before trial.

Other Information

The defendant’s motion for nonsuit on all FEHA claims was granted on March 22, 2007. Motions for new trial and JNOV are set for hearing on May 21, 2007.

Deliberation

one day

Poll

Phase I liability: 12-0 (each defendant). Phase II punitive damages: 9-3 (Helman Group), 12-0 (Christine Hess), 12-0 (Alicia Castillo)

Length

13 days