Friday, January 5, 2018

Arave v. Merrill Lynch, Pierce, etc

An employee's letter to his former employer was properly treated as an admission against interest instead of an attempt to compromise where the letter does not concede any wrongdoing, but simply sets out his accusations of discrimination and his maximal claim. Even if the letter were an offer to compromise, its admission was not prejudicial since the factual claims in the letter were consistent with the evidence the employee put on at trial, and the proposed resolution was consistent with the expert testimony presented by the employee to establish his damages. A trial judge erred in awarding costs and expert witness fees to an employer who prevailed on a worker's discrimination claims under Code of Civil Procedure Sec. 998(c)(1) where the judge found the claims were not frivolous.

Arave v. Merrill Lynch, Pierce, etc. - filed Jan. 2, 2018, Fourth District, Div. Two
Cite as 2017 S.O.S. 28

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