Plaintiff David Watkins, a black male, worked as a delivery truck driver for Central Freight Lines Inc. from May 16, 2008, until his discharge from the company on Jan. 29, 2010. He claimed that during the time of his employment at the company’s Hayward terminal, he was discriminated against and harassed because of his race. Watkins also claimed that he was not paid for his meal breaks. Watkins sued Central Freight Lines; a manager at the company’s Hayward terminal, Aaron Holstein; and a dispatcher at the same terminal, Samuel Ballance. He alleged that the defendants’ actions constituted violations of the Fair Employment and Housing Act, California’s Labor Code and California’s Business & Professions Code. Watkins’ counsel claimed that Holstein and Ballance were initially sued for harassment, based on the same conduct for which Central Freight was sued, as they were the perpetrators of the alleged conduct. Counsel contended that under the law, Holstein and Ballance could be held personally liable for harassment at the workplace, but not discrimination. However, defense counsel moved for summary judgment/summary adjudication on behalf of Holstein and Balance, and just before plaintiff’s counsel was due to file opposition, Watkins voluntarily dismissed the action against them. Thus, the matter proceeded to trial against Central Freight only. Defense counsel contended that Central Freight laid-off Watkins, as well as six other drivers who had the least seniority, as part of a company-wide layoff. Counsel contended that the company’s work assignments were reasonable and that its decision not to rehire Watkins was reasonable, and not the result of discrimination or retaliation., Watkins claimed that he was greatly upset by the alleged discrimination and retaliation, causing him anxiety, loss of self-esteem and marital difficulties. Thus, he sought recovery of over $845,000 in emotional-distress damages. Watkins also sought compensatory and general damages, injunctive and declaratory relief, civil penalties, punitive damages, interest, attorney fees and costs. Defense counsel disputed Watkins’ alleged emotional distress. According to defense counsel, plaintiff’s counsel did not present any percipient or expert witness testimony, except Watkins’s own testimony regarding his alleged problems due to his emotional distress.