Carr

Carr v. Barnabey's Hotel Corp.

Good Law
1994 Cal. App. LEXIS 202·23 Cal. App. 4th 14·28 Cal. Rptr. 2d 127·94 Daily Journal DAR 3104·64 Fair Empl. Prac. Cas. (BNA) 321
Court of Appeal of CaliforniaMarch 8, 1994B060539California3,033 words

Opinion

Opinion

Armstrong, J.

Respondent Cathy Carr sued Barnabey’s Hotel Corporation (Barnabey’s) and Ken Whitty. The case was submitted to the jury on causes of action for sex and pregnancy discrimination based on violation of the Fair Employment and Housing Act (Gov. Code, § 12940 et seq.), wrongful termination in violation of public policy, fraud, and, as to Barnabey’s, negligence in retaining and supervising Ken Whitty. The jury returned a verdict against both defendants in the amount of $75,817, and answered in the affirmative the question “Has the jury found for plaintiff on the theory of violation of the Fair Employment and Housing Act?” The jury also found that Carr was entitled to punitive damages, and after a trial on that issue awarded $75,000 against Barnabey’s and $1,000 against Whitty. The court awarded Carr $63,237.10 in fees and costs.

After the verdicts the court granted Carr’s motion to amend the judgment to add Peppercorn Ltd. No. 9 (Peppercorn), a California limited partnership, as a defendant.

Barnabey’s, Whitty, and Peppercorn appeal, contending that there is insufficient evidence to support the judgment, that the trial court erred in granting the motion to amend the verdict,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.