Four food-and-beverage servers jointly sued their former employer, a Bay Area card room, in state court claiming that the company had wrongfully terminated them and discriminated against them based on their age. The defendant-employer maintained that it had lawfully and in good faith terminated the plaintiffs for legitimate, non-discriminatory reasons. Partner Mark Van Brussel pursued aggressive and early discovery, committing the plaintiffs in their separate depositions to a version of events that ultimately showed their claims were vulnerable for failing to timely file discrimination charges with the California Department of Fair Employment and Housing and failing to timely file in the state court their claims for wrongful termination and violation of public policy. After both sides fully briefed and argued the matter, the court granted summary judgment on all counts in favor of defendant and against the four plaintiffs and also awarded the defendant recovery of its costs.
Superior Court of California, County of San Jose