11/16/2021
Maria Guerrero v. Able Engineering, Inc.
Multiplier ordered in a Fair Employment and Housing case.
Word on the street was that no San Diego Judge had ordered a multiplier in a single plaintiff employment discrimination case. Judge Meyer issued one a few years ago in a PAGA action. I am honored to report that earlier this week Judge Medel, with a nudge from the 4th DCA, ordered a multiplier in the case of Maria Guerrero v. Able Engineering, Inc.
We took the case in 2017, alleging FEHA disability discrimination. Maria worked as a janitor in 655 West Broadway, a building operated by Able Engineering. She worked hard and loyally but ultimately her body broke down a little and she suffered some shoulder injuries. She had to take off time for medical appointments and physical therapy. This caused her employer some minor inconvenience. Able's managers concocted and fabricated reasons to terminate. They were all bogus.
The case was defended by over seven attorneys at Ogletree Deakins. Their best pre-trial offer was $25,000 on the eve of trial, and inclusive of attorneys' fees.
Josh Pang and Pamela Vallero of my office did a brilliant job trying the case. Pam had a very strong connection with Maria and her family and spent many hours preparing them to tell their story in a way that was clear and compelling. For many years Maria would make tamales for tenants and co-workers. Able’s CEO was so impressed with this gesture he wrote her a letter telling her she personified what every employee should be. When the defendant was trying to build a case to terminate, Maria was written up for “catering,” in other words, bringing in tamales for the tenants and her co-workers.
In the punitive stage of the case, Josh Pang cross-examined Able’s CFO and got him to admit that the company was moving money around between its sub-divisions to decrease the value of the division on the hook for the punitive damages. We think this incensed the jury even more.
The jury awarded a total of $1,107,855.60. They found Able liable for $207,855.60 in compensatory damages, even though our plaintiff was a low wage earner, and mitigated her damages by finding new employment within a month of her termination. The jury also found Able's bad actor was a "managing agent" of the company and awarded $900,000 in punitive damages. Judge Medel later awarded $342,284 in attorneys' fees.
Able/Ogletree appealed on liability and the punitive damages finding. We cross-appealed on the attorneys' fees issue, arguing a multiplier was inappropriately categorically disregarded. We retained Jon Williams to handle the appeal and to prosecute the cross-appeal, the multiplier argument being one he has been championing on behalf of plaintiffs for decades. Jon wrote a beautiful brief and then argued the appeal two days after breaking his shoulder in a bike crash. (Damn bikes!)
The Court of Appeal (Judges Do, Dato, and McConnell), rejected defendant’s appeal on liability and punitive damages. We also won the cross-appeal on the attorneys' fee multiplier issue. We probably would not have appealed the attorney fee ruling by Judge Medel if the defendant had not appealed (Thank you Ogletree). The court also ruled unanimously to send the case back to the trial court for Judge Medel to consider a multiplier to account for the contingency fee nature of the work (risk) and delay in payment.
On remand, Judge Medel awarded a 1.5 multiplier for our attorneys' fees through trial, and a 2.0 multiplier for our attorneys' fees incurred during the appeal, including all of Jon’s appellate fees. In total, it raised our total attorneys' fee award to $755,786. We believe this ruling should be incorporated into every declaration in support of every fee motion we all bring to enforce the Fair Employment and Housing Act, and arguably applicable Labor Codes, the Unruh Civil Rights Act.
Total Award: $1,107,855.60 (jury award) + $786,889 (attorneys' fees and costs) + $483,808.56 (interest to date) = $2,378,553.16.
Thank you, Josh Pang and Pamela Vallero for telling Maria's story with such diligence and compassion. And, thank you, my old friend, Jon Williams for the wonderful work on the appeal. In the words of Justice Haller, "You truly are a beautiful writer."
Please let us know if we can be of assistance on these issues.
https://gruenberglaw.com/case-result/janitor-wins-wrongful-termination-suit
