In 2016, plaintiff David Brandon, a black civilian traffic-control supervisor over the age of 50, retired from his position with the city of Beverly Hills. He claimed that he was forced to retire after Police Chief Sandra Spagnoli confronted him with charges and gave him the choice of retiring or being demoted. Brandon sued Spagnoli’s employer, the city of Beverly Hills. Brandon alleged that Spagnoli’s actions constituted age discrimination, race discrimination and a constructive discharge. Brandon also alleged that the city failed prevent discrimination and was liable for Spagnoli’s actions. The city’s counsel moved for summary judgment, and the motion was granted as to Brandon’s race discrimination claim. The court also dismissed Brandon’s constructive discharge claim, leaving only the age discrimination claim. Brandon claimed that Spagnoli told him that he could retire or be demoted and that age motivated Spagnoli’s statement. Plaintiff’s counsel contended that Spagnoli made numerous age-related comments to employees of the department and that Spagnoli’s conduct toward Brandon was due to Brandon’s age. The city’s counsel contended that there was no allegation or evidence that Spagnoli made any comments to anybody about Brandon’s age. Counsel also contended that Brandon was told that, following an independent investigation by a third-party investigator, the city was going to propose Brandon’s demotion because of sustained charges of misconduct against him. Counsel further contended that after Spagnoli reviewed the investigation, she met with Brandon and told him that, based upon the seriousness of the sustained allegations, the city would propose his demotion. Counsel asserted that Brandon voluntarily decided to retire rather than face a potential demotion., Brandon claimed that he suffered a loss of wages as a result of his forced retirement. He also claimed that he suffered emotional distress as a result of the incidents. Brandon sought recovery for his past and future loss of earnings, and past and future emotional pain and suffering.