Jane Does 1 through 5 v. Roe Hospital (Case No. 37-2010-00096421-CU-OE-CTL)
Nov 26, 2014OUTCOME: Recovered $2,900,000
San Diego, CA
Class action Lawyer at San Diego, CA
Practice Areas: Class Action, Sexual Harassment ... +2 more
OUTCOME: Recovered $2,900,000
OUTCOME: Sexual Harassment case, Arbitration Award in the amount of $931,200, plus an award of attorneys fees
Plaintiffs were both employees at P.F. Chang’s. Ms. Avila’s supervisor was Angel Mendoza. As early as the first week of her employment, Ms. Avila became subjected to sexual comments and conduct by ... the male kitchen staff. The sexually offensive comments included: sexual jokes with double meanings; comments about female co-workers being fat; derogatory comments about homosexuals, references to males’ penises; comments like, “look at her ass,” and “would you do her?”; comments about the size and firmness of females’ buttocks and breasts; asking Ms. Avila and other females if they were “happily married”; cat calls at female employees like “hey, mamacita,” “hey bonita,” “can I have your number?,” “when are we going out?,” “I’ll see you at home,” “text me later,” “you’re my girlfriend, right?,” “hola bebe;” making kissing and whistling noises at female employees walking by; and calling female employees “table dancers.” Ms. Avila witnessed male kitchen employees make pedophilic comments, mostly by Vincente Jaimes (aka “Topo”), about her co-worker’s 11 year-old daughter whenever she came to the restaurant. Other offensive conduct included the kitchen employees watching pornography on their smart phones, and dry humping various kitchen utensils, such as large whisks. The male cooks stuck their tongues in the tongs and moved their tongues up and down and side to side, simulating licking a woman’s vagina. Ms. Avila often witnessed the male cooks poke each other in the anus while calling each other gay, and witnessed male kitchen employees use cucumbers and eggplants as penises and to simulate masturbation. Male cooks would walk behind other co-workers when they were bent over, and thrust their hips back and forth, simulating sex with them. Male cooks would do this to Ms. Avila whenever she needed to bend over to scoop rice. Mendoza also cornered Ms. Avila in a secluded corner of the restaurant, and attempted to kiss her. After Ms. Avila admonished Mendoza, he approached her again, later that day, stuck his finger in vanilla sauce, and then shoved his finger in Ms. Avila’s mouth. Ms. Avila complained about Mendoza’s conduct, and P.F. Chang’s decided to transfer Mendoza to another restaurant. Ultimately, Mendoza was transferred to the Carlsbad restaurant. Nobody warned any personnel at the Carlsbad restaurant why Mendoza had been transferred in the first place, so nobody knew of his proclivity to sexually harass young workers. While at Carlsbad, Mendoza began harassing another 20-year-old female employee, Ms. Andrade. Shortly after she was hired, Mendoza asked Ms. Andrade on a date. She refused. Mendoza asked Ms. Andrade out on a date a second time stating that they can use his paycheck. Mendoza would also comment on Ms. Andrade’s lips, and how much he liked seeing her wearing various different jeans. Mendoza also began physically touching Ms. Andrade. He gave her daily hugs and sometimes approached her from behind to grab her shoulders. Later, on Mother’s Day, 2012, when Andrade was handing out lemonade to the BOH cooks and began to hand Mendoza a glass of lemonade, Mendoza looked at her and said, in Spanish, “mejor dame un beso,” meaning “instead give me a kiss.” Ms. Andrade rejected this request for a kiss and walked away. Mendoza stormed after Ms. Andrade, called her a “whore,” and told her that she “wears too much makeup.” Then, he forcibly ripped off a kitchen glove she was wearing, yelled at her for wearing nail polish to work, and sent her home.
OUTCOME: 20,000 Member Class Certified
http://techcrunch.com/2014/07/22/apple-faces-class-action-suit-affecting-20000-employees-over-pay-violations/
OUTCOME: Jury Verdict - $838,875.00
Case: Jacqueline Slaymaker and Laura Arnold v. Armstrong Financial Group, Inc., Eric Armstrong, and Ron Edde. (Case No. 37-2012-00054141-CU-OE-NC) Court: Superior Court of San Diego Judge: Robert ... P. Dahlquist Date: May 8, 2014 Facts & Allegations Plaintiffs Jacqueline Slaymaker and Laura Arnold were both employees at Armstrong Financial Group. Armstrong Financial Group is a financial recruiting firm located in Carlsbad. Ms. Slaymaker began her employment with Armstrong Financial Group in June 2009. A few weeks into her employment, she began getting invites to “passion parties” where sex toys are sold from the Director of Operations, and another co-worker. The female co-worker that sat immediately behind her would promote her husband’s sex toy business on the phone during work hours. The owner, co-defendant Eric Armstrong, sent his staff an email containing a joke about someone having sex with a pumpkin. Mr. Armstrong also told Ms. Slaymaker that the ideal anniversary gift to give her boyfriend was to have lesbian sex in front of him. Ron Edde, a co-defendant and employee at Armstrong Financial Group, would frequently turn benign conversations into a joke with a sexual conotation. Ron Edde also sent a picture of two golf balls with “Ron Edde” enscribed on each golf ball; the body of the email said, “I thought I’d show you a tasteful picture of my balls.” Mr. Edde sent many more emails with similar sexual undertones. Another female co-worker pulled up her shirt and asked Ms. Slaymaker to touch her breasts during a work event. Eric Armstrong showed both Ms. Slaymaker and Ms. Arnold a “sexual sensitivity training” video where the male students had laser glasses on that indicated wherever the student was looking. As the video went on, the laser beams showed that the students were viewing the instructor’s crotch area and then the lasers focused on a donkey’s penis. Later, when a young woman entered the scene and asked if she could help, all of the red dots were focused in on her breasts, and ultimately her breasts caught on fire. Mr. Armstrong also showed employees a video that he created himself, where his staff was drinking alcohol, and at the end of the video a beer bottle was held up to a baby’s mouth. Ms. Slaymaker complained to Mr. Armstrong on at least three occasions, but beyond speaking with co-defendant Ron Edde and another offending co-worker one time, nothing was ever done. In June 2007 Ms. Arnold began her employment at Armstrong Financial Group. Along with watching the “sexual sensitivity training” video referenced above on her very first day, Mr. Armstrong would make comments such as “do you want to see my porn collection,” and “I want to be hung like John Holmes.” After a work event, Mr. Armstrong drove to Ms. Arnold’s house, threw up in her bushes, and came into her house uninvited, and then passed out on her floor while Ms. Arnold waited until he woke up to call him a cab. Mr. Armstrong also sent Ms. Arnold a distasteful email joke about pornography. Ms. Slaymaker and Ms. Arnold ultimately resigned on March 2011, and April 2011, respectively. During discovery, Hogue & Belong were denied key evidence. Due to the Court’s rulings they were deprived of acquiring “me too” evidence from Messrs. Armstrong and Edde’s computers. Furthermore, Hogue & Belong were denied the opportunity to even depose Messrs. Armstrong and Edde prior to trial. Thus, the Plaintiffs proceeded to trial without any such evidence. Plaintiff Attorney(s): Hogue & Belong Defense Attorney(s): David Veljovich of the Veljovich Law Group, and Dimetri Reyzin of the Reyzin Law Firm for defendants Eric Armstrong and Armstrong Financial Group, and David Graves of Laturno & Graves for defendant Ron Edde.
OUTCOME: Sexual Harassment case, Jury Verdict, with a finding of punitive liability, for a total award of $838,875.00
Plaintiffs Jacqueline Slaymaker and Laura Arnold were both employees at Armstrong Financial Group. Armstrong Financial Group is a financial recruiting firm located in Carlsbad. Ms. Slaymaker began h ... er employment with Armstrong Financial Group in June 2009. A few weeks into her employment, she began getting invites to “passion parties” where sex toys are sold from the Director of Operations, and another co-worker. The female co-worker that sat immediately behind her would promote her husband’s sex toy business on the phone during work hours. The owner, co-defendant Eric Armstrong, sent his staff an email containing a joke about someone having sex with a pumpkin. Mr. Armstrong also told Ms. Slaymaker that the ideal anniversary gift to give her boyfriend was to have lesbian sex in front of him. Ron Edde, a co-defendant and employee at Armstrong Financial Group, would frequently turn benign conversations into a joke with a sexual conotation. Ron Edde also sent a picture of two golf balls with “Ron Edde” enscribed on each golf ball; the body of the email said, “I thought I’d show you a tasteful picture of my balls.” Mr. Edde sent many more emails with similar sexual undertones. Another female co-worker pulled up her shirt and asked Ms. Slaymaker to touch her breasts during a work event. Eric Armstrong showed both Ms. Slaymaker and Ms. Arnold a “sexual sensitivity training” video where the male students had laser glasses on that indicated wherever the student was looking. As the video went on, the laser beams showed that the students were viewing the instructor’s crotch area and then the lasers focused on a donkey’s penis. Later, when a young woman entered the scene and asked if she could help, all of the red dots were focused in on her breasts, and ultimately her breasts caught on fire. Mr. Armstrong also showed employees a video that he created himself, where his staff was drinking alcohol, and at the end of the video a beer bottle was held up to a baby’s mouth. Ms. Slaymaker complained to Mr. Armstrong on at least three occasions, but beyond speaking with co-defendant Ron Edde and another offending co-worker one time, nothing was ever done. In June 2007 Ms. Arnold began her employment at Armstrong Financial Group. Along with watching the “sexual sensitivity training” video referenced above on her very first day, Mr. Armstrong would make comments such as “do you want to see my porn collection,” and “I want to be hung like John Holmes.” After a work event, Mr. Armstrong drove to Ms. Arnold’s house, threw up in her bushes, and came into her house uninvited, and then passed out on her floor while Ms. Arnold waited until he woke up to call him a cab. Mr. Armstrong also sent Ms. Arnold a distasteful email joke about pornography. Ms. Slaymaker and Ms. Arnold ultimately resigned on March 2011, and April 2011, respectively. During discovery, Hogue & Belong were denied key evidence. Due to the Court’s rulings they were deprived of acquiring “me too” evidence from Messrs. Armstrong and Edde’s computers. Furthermore, Hogue & Belong were denied the opportunity to even depose Messrs. Armstrong and Edde prior to trial. Thus, the Plaintiffs proceeded to trial without any such evidence.