Simers

FACTS

After the briefs were filed in these appeals, plaintiff T.J. Simers passed away. We granted the motion of Virginia Simers, the sole beneficiary and executor of Mr. Simers’s will, to substitute herself as plaintiff in this matter. For sake of readability, we continue to refer to Mr. Simers as plaintiff. 1. Background Facts The underlying facts and procedural background are concisely described in the trial court’s ruling, some of which we quote without attribution. Plaintiff T.J. Simers was a well-known and sometimes controversial columnist for Los Angeles Times Communications LLC (defendant or The Times). In August 2013, plaintiff was

2 demoted to a senior reporter. Shortly thereafter, he obtained a position as a columnist with a rival newspaper and filed this action against The Times for constructive termination and age and disability discrimination in violation of the Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.). There have been three jury trials in this case. In the first trial, the jury found defendant was liable for both discrimination and constructive termination. The jury awarded plaintiff $2,137,391 in economic damages for harm caused by his…