Between 2003 and 2006, plaintiff Christopher Chung, a community development director, was allegedly harassed by former city of West Covina Council member Roger Hernandez. As a result, Chung claimed that he was discriminated against based on race and that the city failed to prevent the harassment. Chung sued the city and Hernandez, alleging that their actions constituted discrimination, defamation, retaliation and intentional infliction of emotional distress. Plaintiff’s counsel claimed that from 2003 to 2006, Chung was subjected to a hostile work environment by Hernandez. Chung, who is of Asian descent, claimed that since around March 2003, he had been the target of racially motivated harassment, intimidation, bullying, false accusations of incompetence and insider dealing by Hernandez, who is Hispanic. Specifically, he claimed that on March 20, 2006, Hernandez came into his office and accused him of running a dysfunctional department. Chung alleged that this incident was laced with profanity and that Hernandez repeatedly used the “f” word to refer to him and his staff. In addition, plaintiff’s counsel contended that Hernandez made threatening gestures with his fists, and kept waving and shaking his hand and fingers at Chung’s face, which caused Chung to retreat behind his desk for protection. Chung further claimed that Hernandez called him a liar and threatened to fire him. He alleged that as a result, his reputation and standing in the community has suffered because of Hernandez’s actions. Hernandez’s counsel contended that the conduct at issue was time-barred and/or privileged pursuant to the “official duty privilege” afforded to public officials and the “legislative proceeding privilege” codified in California Civil Code § 47. The city’s counsel moved for nonsuit on Chung’s Fair Employment and Housing allegation in regards to retaliation, which the court granted., Chung claimed that he suffered emotional distress, including insomnia, as a result of the hostile work environment. The plaintiff’s expert psychiatrist evaluated Chung and diagnosed him with major depressive disorder. Chung’s wife also testified about his sleeplessness. Chung sought job protection with the city until retirement. According to counsel for the city, at trial, plaintiff’s counsel asked the jury to award $75 million for Chung’s emotional distress. The defense’s expert psychiatrist performed an independent medical evaluation of Chung and opined that the alleged emotional distress was caused by the litigation, rather than anything attributed to the city or Hernandez.