On Sept. 28, 2010, plaintiffs Robert Perez, 63, and Kimberly Carbone, 43, both family service counselors for Bellevue Memorial Park, a full-service cemetery, raised complaints to Bellevue’s board of directors and general manager about favoritism that was allegedly exhibited by their general manager to a coworker. Specifically, they voiced opposition to what they believed was a sexual relationship between their general manager and the coworker that resulted in economic benefits for the coworker and economic disadvantages for them. On Oct. 13, 2010, Perez and Carbone were terminated from their positions. Perez sued the operator of Bellevue Memorial Park, the Ontario Cemetery Association. Carbone also brought a separate action against the Ontario Cemetery Association. Perez and Carbone each alleged that the cemetery wrongfully terminated them in violation of the anti-retaliation provision of Government Code § 12940. The Ontario Cemetery Association subsequently brought a counter-claim against Perez and Carbone, alleging that each plaintiff had unlawfully accessed its computer system in violation of Penal Code § 502(c). The matters were ultimately joined for arbitration. Perez and Carbone denied the cemetery’s allegations that they unlawfully accessed its computer system, and claimed that their respective terminations were motivated by their good faith complaints of sexual favoritism exhibited by the cemetery’s general manager. The Ontario Cemetery Association claimed that both Perez and Carbone had unlawfully accessed the computer system, and that Perez had made threats of violence toward a coworker. Thus, it claimed that Perez and Carbone were each terminated for legitimate, non-retaliatory reasons., After his termination, Perez, a decorated Vietnam veteran and long-time sales associate, claimed that he was forced to obtain a job several hours from his home and elderly-dependent mother. He also claimed he had several close relatives buried at the cemetery, which he was unable to visit after his termination. In addition, Perez claimed that he suffered from depression, sleeplessness and anxiety as a result of the termination. Thus, Perez sought recovery of $172,443 for his past lost earnings, as well as an unspecified amount of damages for his past and future emotional distress. Carbone, a single mother without a High School diploma, claimed that she was forced to seek a much lower paying position in the restaurant service industry after her termination. She was ultimately diagnosed with depression and, according to the plaintiff’s psychology expert, required at least two years of counseling and medication to treat her condition. Thus, Carbone sought recovery of $162,181 for her past lost earnings, $1,041,172 for her future lost earnings, and an unspecified amount of damages for her past and future emotional distress. The Ontario Cemetery Association sought recovery of an unspecified amount of damages related to the alleged violations of California Penal Code § 502.