In February 2010, plaintiff Seidy Figueroa, a real estate broker, was confronted by Danny Simon, whom she brought listings to for possible investment ventures (short sales). She was confronted about a sexual harassment lawsuit she brought against someone she was in business with, Victor Tobar, who rented commercial spaces from Simon and introduced them. Figueroa claimed that shortly thereafter, on Feb. 24, 2010, she was terminated by Simon in an e-mail. Figueroa sued Simon, as well as Pacific First Equity Service Inc., Pacific First Bancorp, Quantex Group Inc. and Home Services Network, all business entities owned or once owned by Simon. Figueroa brought causes of action for wrongful termination, employment discrimination and workplace harassment (based on gender), failure to prevent discrimination/harassment, and retaliation. Home Services was granted a directed verdict on liability and dismissed from the case. Quantex and Pacific First Bancorp were suspended at the time of trial, and the case was tried against Simon and Pacific First Equity only. Figueroa claimed that she was hired as a loan officer by Simon for his real estate enterprise on Nov. 19, 2009, and, therefore, protected by employee rights under state law. She claimed that when Simon found out about her lawsuit against Tobar, Simon began harassing her at the workplace and then terminated her from employment on Feb. 24, 2010. She alleged that Simon’s actions were retaliatory, in response to her pending lawsuit against Tobar. Simon contended that Figueroa was never a hired employee and merely an outside, independent contractor that brought him listings for potential real estate investments. He claimed that Figueroa had no employee contract with any of his companies, or any form of a written agreement explaining her employee status. As such, Simon contended that he never hired and/or terminated the plaintiff, and that Figueroa abandoned any business relationship they had in February 2010. Furthermore, Simon contended that he never discriminated against or harassed Figueroa, and simply approached her about the lawsuit against Tobar since he thought Figueroa and Tobar were dating and believed the harassment lawsuit was bogus. Simon contended that in response, Figueroa sent the two letters that made false allegations about their working relationship. He claimed that after attempting to meet Figueroa to resolve the matter, he never heard from her again until being served with the lawsuit., Figueroa claimed that she suffered emotional distress as a result of the confrontation and termination by Simon. She alleged that as a result, she had to be treated by a psychiatrist. Figueroa asked the jury to award $5 million in total damages. She alleged her damages were for her emotional distress and included lost earnings through 2013, with an estimation of approximately 20 closed real estate transactions per year. She also had a claim for punitive damages, which was waived on a directed verdict. Defense counsel contended that Figueroa was not owed any economic damages, as she was never a hired employee of Simon’s. Counsel also argued that the plaintiff’s estimations were speculative because in the time span Figueroa provided listings to Simon, there were some offers but no closed transactions. Defense counsel further argued that Figueroa’s emotional distress was caused by her situation with Tobar.