Employment

Chris Wesierski and Christian Counts Obtain Defense Verdict

Chris Wesierski and Christian Counts were able to obtain a defense verdict in a three week trial in Orange County in a case where the plaintiff demanded $4.4 million dollars in trial. Plaintiff claimed sexual harassment, breach of contract and intentional infliction of emotional distress.

Plaintiff Anyes Van Volkenburgh sued defendant George K. and the Central Orange County Emergency Animal Clinic claiming five causes of action. Initially, she was claiming breach of contract, fraud, violation of the Unruh Act, violation of section 51.9 of the Civil Code – sexual harassment and intentional infliction of emotional stress. Plaintiff claimed that she worked for Dr. K. from a period of December of 2009 to May of 2010, much of that time as a partner in the clinic. During that time period she claimed that she was subjected to ridicule and abuse as well as sexual harassment on an almost daily basis. She claimed that the defendant called her a lesbian 50 to 100 times. She claimed that the defendant told her he wanted to have sex and would end business meetings early because he wanted to go have oral sex or sex. She claimed that he told her about sexual encounters where he engaged in sexual trysts with two to three women at a time and described in detail the activity. Plaintiff also claimed that he would describe in detail sexual encounters that he had with strippers that he would bring into their clinic.

Plaintiff claimed that Defendant drove her to a breakfast meeting and that she had to sit in lubricant because he had just had sex in the car and advised her of that. She claimed that he sent her a tape of him having sex with women three different times. She claimed that he fired her and ended the partnership when she refused to have sex with him and breached the contract she had with him as a partner. She sued him under Civil Code §51.9 claiming that as a partner she was entitled to use that act to pursue sexual harassment charges against a fellow partner. She also claimed intentional infliction of emotional distress because of his outrageous verbal propositions and his conduct.

Defendant admitted that he had called the plaintiff a lesbian several times and that he had described in detail sexual situations but only at her request. He also indicated that they were joking when he would call her lesbian and that other comments were done in a joking manner. He admitted he told her he became an orthopedic vet because he liked to screw.

Defendants further claimed that Plaintiff breached the contract and did not perform under the contract and therefore the contract was null and void. He further claimed that his actions were not outrageous.

Plaintiff's demand before trial was $400,000.00 and Defendant's offer was $80,000.00. There was a mediation and an MSC twice but the matter was not resolved.

Trial commenced on October 17, 2011, and the verdict was received on November 4, 2011. Defendants called numerous witnesses from the clinic where plaintiff worked as well as witnesses who were called in to impeach her testimony. Plaintiff called a psychiatrist, Dr. Richard Rappaport who testified that she had told him that she had financial concerns before the lawsuit and that anxiety occurred before the lawsuit because of these financial concerns. He also testified that she told him she suffered extreme emotional distress because of the sexual harassment and abuse that she received from the defendant. The plaintiff also called Jamie Holmes who was an Economist to put on loss of earnings, loss of business profits and loss of shift pay.

Defendants put no expert witnesses on the stand.

The court granted non-suit as to the causes of action for fraud and violation of the Unruh Act. The jury considered the three remaining causes of action.

The plaintiff asked the jury for $4,400,000. Defendants asked the jury to return a defense verdict.

Verdict: Defense. The jury was out 5 hours.

Plaintiff Refuses to Face Cross-Examination

Christopher P. Wesierski (Senior Partner/Irvine Office). After two years of litigation, plaintiff in a sexual harassment case refused to come to trial to face cross-examination in the third day of trial. Plaintiff dismissed her case and dropped all claims against defendant. This occurred in March of 2011. Defendant hired no experts and never made any offer to settle. Plaintiff hired three experts and demanded $350,000 to settle the case at all times. Defendant won many of the motions in limine he filed and also voir dire and opening revealed facts the plaintiff did not know.

Defendant was completely vindicated of all claims. The jury interviewed after felt the plaintiff had a weak case.

Christopher P. Wesierski (Senior Partner/Irvine Office) and Laura J. Barns (Junior Partner/Irvine Office) successfully defended a car dealership in regard to claims of race discrimination and a violation of the Labor Code and won a summary judgment that granted the client a defense award in favor of the employer. The clients were awarded costs in this case.

Christopher P. Wesierski (Senior Partner/Irvine Office) and Laura J. Barns (Junior Partner/Irvine Office) also won a summary judgment in favor of the employer in regard to a claim by a female manager that she was discriminated against in pay because she was female and paid less than the males who were in a similar position to her at the car dealership. The clients were awarded costs in this case.

Christopher P. Wesierski (Senior Partner/Irvine Office) recently obtained a defense verdict for an employer company and a non-suit for the President of the company in Orange County after seven days in a trial. Plaintiff claimed that the defendant had discriminated against her and fired her because she contracted a sexually transmitted disease from one of the co-owners of the company.

She also claimed emotional distress and inability to perform her job because of it. Plaintiff alleged that she was out of work for one year and that she was going to have to undergo future medical procedures to treat the herpes which in turn would not allow her to make as much money as she did at her previous job. Defendants claimed that they laid plaintiff off because they were slowing up in the leasing area and they only needed one accounts receivable collector instead of two.

Plaintiff initially claimed 9 causes of action against defendants and defendant counsel narrowed it down to two causes of action against one defendant by the time it went to the jury through motions.

Defendant won the case after five hours of deliberation. Defense waived costs in exchange for the plaintiff waiving her right to appeal.

Christopher P. Wesierski (Senior Partner/Irvine Office) was successful in a Santa Barbara case where he was retained to represent a dentist. The dentist was accused by three Latina office workers of terminating them on the basis that they were Latina and pregnant and unmarried. Each of them asserted that the dentist told them to "get rid of the baby" and when they refused to do so then the dentist made their life miserable. They also sued for improper hourly payments and discrimination based on race, pregnancy and being unmarried.

Each plaintiff sued for over a couple hundred thousand each plus attorney fees and indicated they should be entitled to punitive damages because of the horrific conduct by the dentist.

The jury found in favor of the dentist and rendered a defense verdict on all counts after a few hours of deliberation. Plaintiffs' motion for a new trial was denied and the defendant was awarded costs.

In another recent case, Chris Wesierski successfully obtained a judgment of nonsuit and directed verdict in Long Beach when a doctor was sued for sexual harassment and sexual battery and wrongful termination. Plaintiff alleged that she used to work in the doctor's office as a staff person and she was exposed to unwanted behavior by the doctor and observed improper conduct by the doctor toward others when she unexpectedly barged in on the doctor and another staff person.

The court found that plaintiff did not meet her burden of proof on all counts after she rested and ordered either a nonsuit or directed verdict on multiple counts. The plaintiff was ordered to pay costs and attorney fees and those are now being collected.

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