Case details
Plaintiffs claimed employers fired them after cancer diagnosis
SUMMARY
$7630725
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
FACTS
In November 2017, plaintiff Albert Garcia, 54, a live-in apartment manager for an apartment building in Canoga Park, and his wife, plaintiff Stephanie Garcia, also a live-in apartment manager for the same apartment building, were terminated from their positions. Mr. Garcia was previously diagnosed with thyroid cancer in March 2017. He underwent treatment, including radiation and surgeries, which required him to take time off from his management and to be provided with accommodations. However, he claimed that after he was accommodated and given a new schedule, the property owner and managers began to show their unhappiness with the situation and ultimately fired both him and his wife. Mr. Garcia sued the property managers for the apartment building, Seltzer-Doren Management Co. Inc. (doing business as Sierra Management) and Seltzer-Doren Company & Affiliates; and the owner of the apartment building, Gresham Apartments Investors. Mr. Garcia alleged that the defendants’ actions constituted disability discrimination (as a result of a medical condition) and retaliation in violation of the Fair Employment and Housing Act, resulting in his wrongful termination. Ms. Garcia filed a separate suit against Seltzer-Doren Management, Seltzer-Doren Company & Affiliates and Gresham Apartments Investors, but the matters were ultimately consolidated. Seltzer-Doren Company & Affiliates was ultimately dismissed from the case. Plaintiffs’ counsel contended that by September 2017, the defendants began to shun the couple and scrutinize their management, which continued until the Garcias were fired. Counsel asserted that the defendants began to discriminate against the Garcias after Mr. Garcia was diagnosed with his condition, and given accommodations and a new schedule, and that the defendants ultimately retaliated against the couple by terminating their employment, which resulted in the loss of their apartment. Defense counsel disputed the Garcias’ claims, and contended that the Garcias were terminated for legitimate business reasons., The Garcias claimed that in addition to losing their jobs, they lost their apartment, where they were living as part of their employment compensation. They alleged that as a result of the discrimination and retaliation, as well as a result of losing both their jobs and their home, they suffer from emotional distress. The Garcias sought recovery of economic damages for their respective loss of earnings and noneconomic damages for their respective emotional pain and suffering. They also sought recovery of punitive damages as a result of the defendants’ alleged outrageous conduct.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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- extradural hematoma
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