Local 10
FRIDAY, FEBRUARY 8, 2013
We have you covered
SUIT FROM PAGE 1
Simply Roasted Whole Foods Healthy, quick, delicious lunch = SLIDERS! Certified angus beef. Short ribs. Roast turkey. BBQ beef brisket. Beef dip. Corned beef. Free-range chicken breast.
“WHERE
SLIDERS
RULE”
147 South Barrington Ave, LA, CA 90049 Located near Sunset in the Brentwood Village
Phone (310) 476-1100
| Fax (310) 476-9400
GERMAN N CAR R SERVICE Porsche • VW • Audi • BMW • MINI Best alternative to high dealer prices Complete service and repair I 6 month or 6000 mile guarantee I Locally owned and operated since 1965 I I
WE HAVE MOVED!
2143 PONTIUS AVE., WEST L.A. | (310) 477-2563 DRE # 01833441
John Moudakis – REAL ESTATE & RESTAURANT ACQUISITIONS
that she was fired after confiding in her supervisor that she was pregnant when the man confronted her about leaving the shirt of her uniform hanging loose. The morning that Harris gave him a doctor’s note permitting her to do her job with some limited restrictions, BBB supervisors held a meeting and received a list of probationary drivers who were going to be fired. Harris’ name was on the list, and her last day on the job was May 18, 2005. According to the opinion, Harris already had two accidents on her record that the BBB leadership deemed “preventable.” She had also missed two shifts without giving notice that she would be out and received a poor performance rating in a review. When the case went before a jury, the attorneys representing the city went for a “mixed-motives” defense, meaning that City Hall shouldn’t be held liable for discrimination if legitimate reasons to fire Harris would have been enough to let her go. The court didn’t buy the argument, instead telling the jury that Harris had only to prove that her pregnancy was a “motivating factor/reason for discharge.” Under those circumstances, the jury
awarded Harris $177,905 in damages. She then sought $401,187 in attorneys fees. A Court of Appeal found that the lower court had erred, and that the “mixedmotives” defense was allowable, but also found that there was substantial evidence supporting the jury verdict that Harris had been fired because of her pregnancy. The California Supreme Court took up the issue of the mixed-motive instruction, ultimately ruling Thursday that employees like Harris would have to show that discrimination played more than a motivating factor in the decision to fire them if they intended to collect. Santa Monica Assistant City Attorney Joseph Lawrence said that the City Attorney’s Office was pleased with the outcome, and that the court had agreed with most points he and other attorneys put forward on behalf of the city. “The court is crystal clear … ,” Lawrence said. Lawrence doesn’t believe the facts of the case go in Harris’ favor under the higher standard. If they did, it would still be difficult for her to win the over $400,000 in attorney fees, Lawrence said. Harris’ attorney did not respond to a request to comment for this article. ashley@smdp.com
Short Sale, Foreclosure and Loan Modification Specialist SOLUTIONS
INCLUDE: Cash for Keys, Lender Agreement for Modification, Joint Venture, Refinance or Just Keep Your Home
jgmrealestate@aol.com (310) 663-1784
P LATINUM P ROPERTIES & F INANCE
WHEN BAD THINGS HAPPEN TO GOOD PEOPLE BECAUSE OF THE CARELESSNESS OR NEGLIGENCE OF OTHERS. Free Consultation Over $25 Million Recovered
• • • • • • • • Robert Lemle
310.392.3055 www.lemlelaw.com
CATASTROPHIC PERSONAL INJURIES WRONGFUL DEATH MOTOR VEHICLE ACCIDENTS BICYCLE ACCIDENTS SPINAL CORD INJURIES TRAUMATIC BRAIN INJURIES DOG BITES TRIP & FALLS You Pay Nothing Until Your Case Is Resolved
55
$
Malibu Golf Club is a privately owned golf course which extends open play to the public. Situated high above Malibu in the picturesque Santa Monica Mountains, with various sloping topography, this course is one of the most beautiful in Los Angeles.
($20 discount from reg. rates)
until January 31st, 2013 18 htoles Mon-Thurs Santa Monica Daily Press Deal
w/car
OPEN 7 days a week. GREEN FEES: Monday-Thursday $75 w/cart GREEN FEES: Friday-Sunday $100 w/cart
(818) 889-6680
www.themalibugolfclub.com 901 ENCINAL CANYON ROAD | MALIBU, CA