Hilton v. Twain Harte Community Services District

Filing 9

STIPULATION and ORDER for Dismissal of Punitive Damages Allegations signed by District Judge Lawrence J. O'Neill on 10/12/2012. (Sant Agata, S)

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JAMES K. WARD, ESQ. (SBN 117639)
DANIEL P. JAY, ESQ. (SBN 215860)
EVANS, WIECKOWSKI & WARD, LLP
745 University Avenue
Sacramento, CA 95825
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
TWAIN HARTE COMMUNITY SERVICES DISTRICT
PUBLIC ENTITY-FILING FEE WAIVED

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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YVONNE HILTON ,

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Plaintiff,
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vs.
TWAIN HARTE COMMUNITY
SERVICES DISTRICT, and DOES ONE
THROUGH TWENTY, Inclusive,
Defendants,

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Case No. 1:12-cv-01360-LJO-SMS
STIPULATION AND ORDER FOR
DISMISSAL OF PUNITIVE DAMAGES
ALLEGATIONS

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IT IS HEREBY STIPULATED by Plaintiff, YVONNE HILTON, by and through her

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attorneys, and Defendant, TWAIN HARTE COMMUNITY SERVICES DISTRICT, by and

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through its attorneys, that Plaintiff shall be allowed to dismiss and strike from the Complaint the

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following allegations regarding punitive damages:

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1. First Cause of Action, paragraph 41, page 8, lines 12 through 14: entire paragraph
which states, “Plaintiff alleges that punitive damages are available to a plaintiff in a civil action

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under the FEHA. Plaintiff requests an award of punitive damages as a result of the acts of
Defendants as set forth below.

STIPULATION OF THE PARTIES AND ORDER - 1

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2. Second Cause of Action, paragraph 53, page 10, lines 5 through 7: entire paragraph
which states, “Plaintiff alleges that punitive damages are available to a plaintiff in a civil action

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under Title VII. Plaintiff requests and award of punitive damages as a result of the acts of
Defendants as set forth below.”

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3. Third Cause of Action, paragraph 61, page 11, lines 14 through 16: entire paragraph

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which states, “Plaintiff alleges that punitive damages are available to a plaintiff in a civil action

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under the FEHA. Plaintiff requests an award of punitive damages as a result of the acts of
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Defendants as set forth below. “

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4. Paragraphs 63 and 64, page 11, line 22 through page 12, line 16: “CLAIM FOR

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PUNITIVE DAMAGES ¶ Plaintiff incorporates by reference Paragraphs 1 through 62 inclusive,

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as though set forth here in full, and as a claim for Punitive damages against all Defendants

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further alleges: ¶ The acts taken toward Plaintiff were despicable and carried out by managerial
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employees acting in a deliberate, cold, callous, fraudulent, and intentional manner in order to

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injure and damage Plaintiff. Plaintiff therefore requests the assessment of Punitive damages

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against Defendants, and each of them, in an amount according to proof. Defendants’ conduct was

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malicious in that Defendants, and each of them, intentionally discriminated against Plaintiff with

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full knowledge that Defendants, and each of them, were violating Plaintiff’s rights and that she

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would suffer actual personal injuries. Defendants’ conduct was oppressive because Defendants,

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and each of them, knew or should have known that Plaintiff was and is entirely dependent on her

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employment and wages to support herself and her family, and the unfair, discriminatory, and

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unlawful treatment would create a cruel and unjust hardship for Plaintiff. Defendants’ conduct

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was fraudulent in that it seeks to offer false pretexts for the wrongful and unlawful tortious
conduct of Defendants, and each of them. Defendants knew of United States and California law

STIPULATION OF THE PARTIES AND ORDER - 2

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governing discrimination, harassment, and retaliation for complaining about discrimination and
harassment, and then did nothing while Plaintiff endured discrimination from her supervisors and

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co-workers of Defendant. Defendant Employer finally terminated Plaintiff for a discriminatory

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and retaliatory purpose. Defendants, and each of them, had actual knowledge of their conduct as

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well as the outrageous nature of the conduct of Defendant’s managerial employees. Further,

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Defendant authorized its managerial employees’ wrongful acts. Defendant Employer’s callous

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disregard for Plaintiff’s life, safety, and interests entitles Plaintiff to an award of Punitive and

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exemplary damages, according to proof at trial.”
5. Prayer at number 7, page 13, line 7 which states: “Punitive damages in the sum

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according to proof.”

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IT IS FURTHER STIPULATED by the parties that upon execution of the order filed
herewith, the Court will dismiss without prejudice Defendant’s Motion to Strike Plaintiff’s

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Complaint (currently scheduled for November 1, 2012 at 8:30 a.m. in Department 4) because it is
moot.
IT IS SO STIPULATED.
Dated: October 1, 2012

EVANS, WIECKOWSKI & WARD, LLP

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/s/ James K. Ward
___________________________________
JAMES K. WARD
DANIEL JAY
Attorneys for Defendant TWAIN HARTE
COMMUNITY SERVICES DISTRICT

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Dated: October __, 2012

LAW OFFICES OF RAND L. STEPHENS

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____________________________________
RAND L. STEPHENS
Attorneys for Plaintiff YVONNE HILTON
STIPULATION OF THE PARTIES AND ORDER - 3

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Dated: October __, 2012

LAW OFFICES OF RICHARD N. KOSS

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___________________________________
RICHARD N. KOSS
Attorney for Plaintiff YVONNE HILTON

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[PROPOSED] ORDER
Based upon the stipulation of the parties and good cause appearing, the Court orders that

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the following allegations are stricken from the Complaint:
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1. First Cause of Action, paragraph 41, page 8, lines 12 through 14: entire paragraph

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which states, “Plaintiff alleges that punitive damages are available to a plaintiff in a civil action

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under the FEHA. Plaintiff requests an award of punitive damages as a result of the acts of

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Defendants as set forth below.

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2. Second Cause of Action, paragraph 53, page 10, lines 5 through 7: entire paragraph
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which states, “Plaintiff alleges that punitive damages are available to a plaintiff in a civil action

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under Title VII. Plaintiff requests and award of punitive damages as a result of the acts of

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Defendants as set forth below.”

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3. Third Cause of Action, paragraph 61, page 11, lines 14 through 16: entire paragraph

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which states, “Plaintiff alleges that punitive damages are available to a plaintiff in a civil action

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under the FEHA. Plaintiff requests an award of punitive damages as a result of the acts of

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Defendants as set forth below. “

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4. Paragraphs 63 and 64, page 11, line 22 through page 12, line 16: “CLAIM FOR
PUNITIVE DAMAGES ¶ Plaintiff incorporates by reference Paragraphs 1 through 62 inclusive,

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as though set forth here in full, and as a claim for Punitive damages against all Defendants
further alleges: ¶ The acts taken toward Plaintiff were despicable and carried out by managerial

STIPULATION OF THE PARTIES AND ORDER - 4

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employees acting in a deliberate, cold, callous, fraudulent, and intentional manner in order to
injure and damage Plaintiff. Plaintiff therefore requests the assessment of Punitive damages

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4

against Defendants, and each of them, in an amount according to proof. Defendants’ conduct was

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malicious in that Defendants, and each of them, intentionally discriminated against Plaintiff with

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full knowledge that Defendants, and each of them, were violating Plaintiff’s rights and that she

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would suffer actual personal injuries. Defendants’ conduct was oppressive because Defendants,

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and each of them, knew or should have known that Plaintiff was and is entirely dependent on her
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employment and wages to support herself and her family, and the unfair, discriminatory, and

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unlawful treatment would create a cruel and unjust hardship for Plaintiff. Defendants’ conduct

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was fraudulent in that it seeks to offer false pretexts for the wrongful and unlawful tortious

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conduct of Defendants, and each of them. Defendants knew of United States and California law

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governing discrimination, harassment, and retaliation for complaining about discrimination and
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harassment, and then did nothing while Plaintiff endured discrimination from her supervisors and

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co-workers of Defendant. Defendant Employer finally terminated Plaintiff for a discriminatory

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and retaliatory purpose. Defendants, and each of them, had actual knowledge of their conduct as

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well as the outrageous nature of the conduct of Defendant’s managerial employees. Further,

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21

Defendant authorized its managerial employees’ wrongful acts. Defendant Employer’s callous

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disregard for Plaintiff’s life, safety, and interests entitles Plaintiff to an award of Punitive and

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exemplary damages, according to proof at trial.”

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5. Prayer at number 7, page 13, line 7 which states: “Punitive damages in the sum
according to proof.”

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STIPULATION OF THE PARTIES AND ORDER - 5

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It is further ordered that the Defendant’s Motion to Strike Plaintiff’s Complaint set for
November 1, 2012 at 8:30 a.m. in Department 4 is VACATED given that this order renders

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Defendant’s motion moot.

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IT IS SO ORDERED.

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Dated:

October 12, 2012

/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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66h44d

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STIPULATION OF THE PARTIES AND ORDER - 6