In September 2009, plaintiff Teresa Bergren, an investigator in her 40s, started working for Fu-Gen Inc., an investigation firm that looks into transportation, worker’s compensation and background checks, amongst other services. Bergren claimed that she was singled out as the only female investigator and that harassing comments were made about her. She also claimed that when she complained about comments made to her by Marsha Brown, the president of the firm and one of her supervisors, she was retaliated against in the form of being fired from her position on June 30, 2010. Bergren sued Fu-Gen Inc. and Marsha Brown. Bergren alleged that Fu-Gen Inc. failed to properly pay her for meal and rest breaks, and for overtime and double overtime hours in violation of the California Labor Code. She also alleged that Fu-Gen Inc. and Brown created a hostile work environment by allowing gender discrimination, workplace harassment, and retaliation, and that their actions constituted an intentional infliction of emotional distress. Bergren claimed that she was singled out as the only female investigator and that she was given more work than her male colleagues. She also claimed that she was not paid for meal and rest breaks, as well as for overtime and double overtime hour, and that comments were made to her about her cleavage. Bergren claimed that she ultimately complained in May 2010, after a comment was made about her being forbidden to take her meal and rest breaks with male employees. However, Bergren claimed that after she complained, she was continually harassed and criticized for her job performance and that Brown immediately started documenting non-existent performance issues until she was terminated on June 30, 2010. At the beginning of trial, Bergren dismissed with prejudice her claims of interference with the exercise of civil rights (Civil 28 Code § 51.7) and invasion of her right to privacy. On July 15, 2014, after plaintiff’s counsel presented the case in chief, Judge Mel Red Recana granted defense counsel’s motion for non-suit and dismissed with prejudice several causes of action against Brown. These dismissed claims included discrimination based on sex (gender) under the Fair Employment and Housing Act (FEHA), in violation of Government Code §12940(a); retaliation under FEHA in violation of Government Code § 12940(h); wrongful discharge in relation to sex (gender) under FEHA in violation of Government Code §12940(a); and wrongful termination in violation of public policy. The defendants denied all of Bergren’s allegations. However, plaintiff’s counsel noted that many of the comments about Bergen were recorded on tape and that this tape was presented at trial., Bergren claimed she suffered emotional distress as a result of her treatment at Fu-Gen Inc. She subsequently started treatment, and continues to seek treatment, with a psychologist. Bergren claimed she felt completely socially isolated at the firm, and was depressed and anxious due to the continuing harassment. She claimed that as a result, she gained 80 pounds from her emotional distress. Thus, Bergren sought recovery of unpaid wages for meal and rest breaks, and for overtime and double overtime hours worked. She also sought recovery of emotional distress damages, as well as sought recovery of punitive damages.