Mitch Dean and Garrett Smee teamed up to win an employment case for the City of Carlsbad when the court granted nonsuit on plaintiff’s FEHA claim for disability discrimination and business interference torts. Judge Ronald Frazier in the North San Diego Superior Court, on August 1, 2017, granted nonsuit on all claims but one, after a 5 day jury trial. Once nonsuit was granted, the plaintiff dismissed the remaining claim, for a complete defense result for the City. The case was Preston v. Carlsbad, Case Number 37-2015-00021751-CU-WT-NC.
During the trial, the evidence was overwhelming that Preston, although he failed a hearing test for his new job as a County Sheriff, had no limitations from any hearing loss. He worked for the City for over 23 years, even at exceptional levels, and never knew he had any type of hearing loss at all. He never needed any accommodation for any limitations due to any hearing loss, ever. Once Preston learned he failed the hearing test for his new employment, he tried to take back his resignation from the City and claim a disability. The City refused to accept his rescission and allowed him to resign on the date he specified. Once plaintiff rested his case, Mr. Dean moved for nonsuit. The judge agreed that plaintiff had no limitation and the City was not required to accommodate by allowing Preston to keep working as a police officer until he got his ear fixed in order to then move on to work for the County.
Mitch Dean can be reached at 858-755-5666, ext. 7221, or firstname.lastname@example.org