In December 2011, plaintiff Damien Massey, 29, a black emergency call center dispatcher, began to be supervised by Lieutenant Rosenthal, who was a new commander in the emergency call center division of the Long Beach Police Department and a former patrol officer. Massey, along with two black females, one Hispanic female, and one white female, were all recruited to work in the call center in March 2011. During that time, they were supervised by several senior people with the department. However, when Rosenthal began supervising them, he insisted upon reviewing the performance reviews for all of the recruits. He also blind carbon copied a human resources employee that he was dating about his decision to look over the performance review of a previously promoted dispatcher. Shortly thereafter, Rosenthal decided to not promote Massey to the position of Dispatcher II and, instead, Massey’s probation was extended. In January 2012, Rosenthal instituted a second round of changes to the training process. As a result, two of the other black recruits resigned. Three senior supervisors then recommended that Massey be promoted to Dispatcher II in June 2012. However, two weeks later, Massey was terminated from his position while he was still a probationary employee. Massey sued his employer, the city of Long Beach, alleging race discrimination, retaliation, harassment, and failure to prevent discrimination. Massey claimed that when Rosenthal took over supervision of the recruits, he made changes to the training process to make it harder for him to be promoted. He alleged that Rosenthal insisted upon reviewing the performance reviews of the new dispatchers, which were mainly composed of non-white recruits, and that the only recruit that was promoted the previous week was white. Massey further alleged that Rosenthal bcc’d his girlfriend, a human resources employee, on an email to the two lead training supervisors regarding the supposed need for review after the white recruit was promoted. He claimed that Rosenthal’s actions were race-based. In addition, Massey claimed that Rosenthal twice refused to promote him, despite the recommendations of three senior supervisors, and that Rosenthal extended his probation because firing him would be contradicted by his performance reviews and Rosenthal needed time to build a paper trial of less than stellar reviews. Defense counsel noted that the promoted white recruit was an experienced dispatcher who had been promoted at the recommendation of a black supervisor. Defense counsel also contended that Massey’s performance declined significantly after he was recruited and that Massey demonstrated an inconsistent ability to perform the job requirements, jeopardizing officer and public safety. Thus, counsel argued that Massey was terminated from his position due to the inconsistencies in his performance and his failure to demonstrate that he was capable of performing the tasks required of a Public Safety Dispatcher in a busy department. In addition, defense counsel contended that Massey’s probation was extended because it became clear that Massey was not prepared to work as a solo dispatcher and that the department sought approval from the Chief of Police and Civil Service to allow Massey more time to complete his probation. Counsel argued that this marked the first time an extension was ever done in the dispatch department for a probationary employee who was not performing up to the department standards on a consistent basis and that the alternative would have been to release Massey from the training program at that time. Defense counsel moved for nonsuit regarding Massey’s claims of retaliation and failure to prevent discrimination. Prior to the case going to the jury, Judge Michael Stern granted defense counsel’s motion on the grounds that the evidence presented was insufficient. The claims of discrimination and harassment were then taken under submission by the court., Massey claimed he suffered $128,373 in past economic damages as a result of his termination and approximately $90,000 for future economic damages. He also claimed he suffered emotional distress from the incidents and sought recovery of noneconomic damages.