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.