McDade v. Advantage Infiniti, et al.

Binding Arbitration with Judge Robert J. Polis

Judicate West case no. A128396-28

EMPLOYMENT LAW:

Wrongful Termination

Wage and Hour violations

Discrimination

Sexual Harassment

ATTORNEYS:

Plaintiff, Shereen McDade was represented by Heather Appleton, Esq.

(APPLETON, MAGNANIMO & DEAN, LLP)

Defendants, Advantage Infiniti of Santa Monica and Thomas Jude Holterhoff were represented by Elizabeth L. Kolar, Esq.

(KOLAR & ASSOCIATES)

FACTS & CONTENTIONS:

Plaintiff worked for the dealership for approximately 4.5 months.  During that time, she was reprimanded numerous times for breaking various rules, including taking keys to dealership vehicles home, taking extended test drives and leaving the premises for meal breaks without clocking out.  She also alleges she suffered a workplace injury and that when she made a workers compensation claim she was fired in retaliation.

 

Plaintiff’s allegations of discrimination based on sex, age, disability, her claim for sexual harassment, violation of Business & Professions Code §17200, intentional infliction of emotional distress, failure to accommodate disability, and failure to engage in the interactive process were dismissed via summary adjudication.

 

The remaining issues heard at arbitration included Plaintiff’s claims for failure to pay wages, failure to provide rest and meal periods, retaliation, wrongful termination in violation of public policy, and negligence per se.

 

DEMANDS/OFFERS:

Plaintiff demanded $500,000.00 then lowered her demand to $199,999.99.  Defendant made a settlement offer of $50,000 to Ms. McDade prior to binding arbitration.

 

OUTCOME-DEFENSE VERDICT:

Advantage Infiniti received a full defense verdict and as Defendants were prevailing parties they were awarded $4,811.61 in costs.