In January 2011, plaintiff Mark Ryder, a white male phlebotomist in his 40s, was terminated from his employment at U.C. Davis Medical Center. Ryder claimed he was terminated because of his race. Ryder sued The Regents of the University of California, which was doing business as U.C. Davis Medical Center. Ryder alleged that the defendant’s actions constituted race discrimination under The Fair Employment and Housing Act. Ryder claimed that on four occasions between March 2010 and September 2010, his supervisor, who was black, made racial comments to him, including calling him a “white boy” and stating, “I’m going to get your white ass.” Ryder contended that his supervisor picked on him because of his race and that he would not have been fired, but for his race. Defense counsel argued that Ryder was fired for poor performance and customer service problems that had been going on for a year. Defense counsel contended that Ryder admitted to many acts of poor performance and that as such, Ryder had a history of poor performance. Counsel also contended that despite multiple attempts at lesser discipline, the problems were not corrected and that as a result, Ryder was terminated. In addition, defense counsel argued that Ryder did not complain or tell anyone about the alleged racial comments until the subject lawsuit, even though there was an internal investigation., Ryder claimed anxiety and depression as a result of his termination, but he did not seek any treatment for his condition. He also claimed he suffered a loss of earnings. Thus, Ryder sought recovery of back and front pay totaling $442,640, and recovery of damages for his emotional distress.