This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Discrimination
Race Discrimination

Miguel Gonzalez, Quintin Hernandez v. FAFC Inc., dba Mister A's Restaurant

Published: Jun. 21, 2001 | Result Date: Apr. 19, 2001 | Filing Date: Jan. 1, 1900 |

Case number: 99CV2572BRBB Verdict –  $0

Judge

Rudi M. Brewster

Court

USDC Southern District of California


Attorneys

Plaintiff

Stuart E. Fagan

Craig P. Fagan
(Law Offices of Craig P. Fagan)


Defendant

Kris P. Thompson

John D. Alessio


Facts

The plaintiffs worked for the defendant, Mister AÆs Restaurant in San Diego, where they had worked as busboys
for many years. Mister AÆs was one of the top formal dining establishments in the San Diego area. The
plaintiffs requested promotions to waiter, which were denied. The plaintiffs brought this action based on racial
and national origin discrimination statutes.

Settlement Discussions

The plaintiffs demanded $130,000 with an indication of $70,000 before trial. The defendant offered $7,000 in nuisance value.

Damages

The plaintiffs made a tactical decision on the eve of trial to waive any recovery for economic damages because the plaintiffs admitted in depositions that they did not report all their tip income on their taxes. The plaintiffs did not indicate an amount to award for emotional distress and left it to the juryÆs discretion.

Other Information

PLEASE PROVIDE THE CORRECT VERDICT DATE ___________

Deliberation

1.5 hours

Length

six days


#99225

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390