Cohn

Cohn v. Price Costco Wholesale Corp.

Good Law
81 F. App'x 986
United States Court of Appeals for the Ninth CircuitDecember 3, 2003Nos. 02-56809, 02-56987, 03-55097; D.C. Nos. CV-00-01584-RMB, CV-00-01584-RMB(LSP)California717 words

Opinion

Lead Opinion

MEMORANDUM *

Price Costco Wholesale Corp. (“Costco”) appeals a jury verdict in favor of plaintiff Bradley Cohn, as well as two post-trial awards of attorney’s fees. We affirm.

A. The Jury Award

The jury’s award was not excessive as a matter of law. California Civil Code section 3333 permits compensation for “all the detriment proximately caused” by employment discrimination (among other things), and under this provision “California courts are authorized to award to a victim of employment discrimination all damages necessary to make the victim whole.” Cloud v. Casey, 76 Cal.App.4th 895, 909 , 90 Cal.Rptr.2d 757 (1999). California does not adhere to the so-called “post-resignation rule,” which might otherwise cut off Cohn’s damages after a voluntary resignation. See id. The jury could have concluded that Costco’s failure to engage in the interactive process directly caused damages to Cohn that extended beyond the date of any offer of reasonable *988 accommodation as well as beyond the date of Cohn’s voluntary resignation. Under California law, a full award of damages for such injury is not improper.

The fact that Costco may have provided a temporary “reasonable accommodation”…

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