Best Best & Krieger News Feed

BB&K Successfully Defends Client in Racial Discrimination/Retaliation Case

18 May 2008 00:00:00 -0800

Daniel Villanueva v. City of Colton

BB&K Partner John Higginbotham represented the City of Colton in Daniel Villanueva v. City of Colton. The case involved claims by an employee that he was suspended and later included in a reduction-in-force because of his race, and in retaliation for whistle-blowing activity. BB&K prevailed on summary judgment, and then brought a motion for recovery of its attorney fees against the employee. The motion was granted in its entirety, resulting in a judgment of over $44,000 against the plaintiff. On appeal, the Court of Appeal affirmed the judgment in its entirety and decided to publish the case.

BB&K Prevails on Summary Judgment in Discrimination Case; Recoups Nearly All Attorneys’ Fees for Client

27 Apr 2006 00:00:00 -0800

Richard Gonzales v. City of Colton

BB&K Partners John Higginbotham and Cynthia Germano obtained summary judgment and a substantial attorney fee award in favor of firm client, City of Colton, in San Bernardino County Superior Court. The case involved claims by a current employee that he was passed over for a promotion because of his race and in retaliation for whistle-blowing activity. The employee also sued two of his supervisors for retaliation, defamation and intentional infliction of emotional distress. The BB&K team eliminated the claims against the supervisors at the demurrer stage based on deficiencies in the employee's government tort claim. Subsequently, the BB&K team convinced the court that the promotional decision was fair and unbiased, and that the employee lacked any credible evidence of race discrimination or retaliation.

Following the summary judgment, the BB&K team brought a motion for recovery of its attorneys' fees against the employee. The motion was granted and the City was awarded the sum of $39,060.00, which represented over 93% of its attorneys' fees for the entire case.

Colton City officials were obviously ecstatic with the outcome and the firm's work on their behalf, particularly given the deterrent effect that this case may have on like-minded employees who might otherwise file similarly baseless employment lawsuits against the City.

BB&K Eliminates Discrimination Claims; Recoups Litigation Costs for Client

15 Aug 2005 00:00:00 -0800

Lorraine June v. City of Colton, et al.

BB&K Partner John Higginbotham represented the City of Colton in Lorraine June v. City of Colton, et al. The case involved claims by a long-time employee that she was constructively terminated because of a disability and that the City failed to reasonably accommodate her. The employee also sued her department director and the City Manager for various intentional torts. BB&K eliminated the claims against the individuals at the demurrer stage based on plaintiff’s failure to comply with the Tort Claims Act. BB&K then disposed of the rest of the case on summary judgment by showing that the actions it took against plaintiff were for legitimate, non-discriminatory reasons unrelated to her disability. Judgment was entered in favor of the City and its employees for several thousand dollars in litigation costs.

BB&K Prevails on Summary Judgment in Accident Liability Case; Prevents Potentially Large Jury Verdict

11 Jul 2005 00:00:00 -0800

Demond Sanders v. City of Colton

The case involved a serious car accident which left the plaintiff a quadriplegic and severely mentally disabled. The plaintiff alleged that the intersection where the accident occured was a dangerous condition of public property due to a City-owned retaining wall which impairs visibility of approaching cross-traffic. BB&K Partners John Higginbotham and Victor Wolfe convinced the court that the intersection was not a dangerous condition of public property and that the City had design immunity. City officials were pleased with the outcome and the firm's work on their behalf, particulary in light of the potentially enormous jury verdict had the case gone to trial.

BB&K Prevails on Summary Judgment in Discrimination Case; Court of Appeals Affirms

11 Jul 2005 00:00:00 -0800

Jane Stroup v. City of Victorville, et al.

BB&K Partners Howard Golds and John Higginbotham represented the City of Victorville in Jane Stroup v. City of Victorville, et al. The case involved claims by a female employee that she was harassed, subjected to a hostile work environment by her allegedly boorish supervisor, and discriminated and retaliated against based on her gender and her alleged whistle-blowing activity. BB&K prevailed on summary judgment by convincing the court that plaintiff’s claims were without merit and that the City had legitimate reasons for its actions, unrelated to plaintiff’s gender or alleged whistle-blowing. Plaintiff appealed and the Court of Appeal affirmed the judgment in its entirety.

BB&K Achieves Dismissal of Age Discrimination Case

02 May 2005 00:00:00 -0800

Thomas Weihert v. City of Victorville, et al.

BB&K Partners Howard Golds and John Higginbotham represented the City of Victorville in Thomas Weihert v. City of Victorville , et al. The case involved allegations of age discrimination by a 52-year-old former employee, who claimed he was wrongly terminated and replaced by a younger worker. After two days of jury trial, in which things were going badly for the plaintiff, he agreed to dismiss his case with prejudice in exchange for a waiver of costs.

BB&K Prevails on Summary Judgment in Disability Accommodation/Wrongful Termination Case

14 Sep 2004 00:00:00 -0800

Kathleen Tevis v. City of Colton

The case involved claims by a former employee that she was terminated because of a disability, and that the City failed to reasonably accommodate her disability. BB&K Partners John Higginbotham and Cynthia Germano convinced the court that plaintiff was terminated for legitimate, non-discriminatory reasons unrelated to her disability, and that the City had made a good faith effort to accommodate plaintiff's disabilities. Colton city officials were obviously very pleased with the outcome and the firm's work on their behalf, particularly given the recent budget crisis and the resulting importance of being able to make necessary reductions in force without fear of second-guessing by a court or jury.

BB&K Prevails on Summary Judgment in Discrimination Case

26 Mar 2004 00:00:00 -0800

Aladdin Masry v. City of Redlands

BB&K Partners Howard Golds and John Higginbotham represented the City of Redlands in Aladdin Masry v. City of Redlands. The case involved claims by a Middle Eastern-origin employee that he was subjected to workplace hostility after the September 11 terrorist attacks, and then terminated because of his ethnicity and national origin. BB&K prevailed on summary judgment by convincing the court that plaintiff was terminated for poor performance and other reasons unrelated to plaintiff’s national origin.