Fowler v. PSMG
Filed 6/29/06 Fowler v. PSMG CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| LEON FOWLER, Plaintiff and Respondent, v. PSMG, INC., Defendant and Appellant. | G034591 (Super. Ct. No. 03CC04117) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Peter J. Polos, Judge. Affirmed.
Ferruzzo & Worthe, Ferruzzo & Ferruzzo, David N. Shaver, and John R. Hanson for Defendant and Appellant.
Eisenberg & Associates, Michael B. Eisenberg, and Kevin B. Keating for Plaintiff and Respondent.
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Leon Fowler and Curtis Adams were formerly employed as security guards by PSMG, Inc., dba Pacwest Security Services, Inc. (Pacwest). Each of them filed a separate lawsuit against Pacwest, claiming he was wrongfully terminated in violation of the Fair Housing and Employment Act (Gov. Code, § 12900 et seq., [FEHA]). Both plaintiffs were represented by the same law firm, and counsel moved to consolidate the cases for trial. The trial court refused, however, and the cases were tried separately. Adams was awarded $50,000 in compensatory damages and $50,000 in punitive damages. Fowler was awarded over $16,000 in compensatory damages and $70,000 in punitive damages.
Pacwest appeals from the judgment in favor of Fowler, contending the trial court's refusal to consolidate the Fowler and Adams cases was prejudicial error. It also claims the judgment must be reversed for instructional and evidentiary error. We affirm.
FACTS
In January 2002, Pacwest provided 24 hour security services for the MCI Building in downtown Los Angeles. About 85 percent of Pacwest's MCI security force was African-American. Fowler, an African-American man, was hired as the watch commander for the swing shift, and on January 29, he was being shown around the facility by Edwin Yager, a Caucasian man who was the day shift watch commander. With Fowler present, Yager conducted the morning briefing of the day shift security officers. After the briefing, Yager went around the table and introduced the officers to Fowler, asking each one if he had anything to say. When he got to Curtis Adams, a large, dark-skinned African-American man, Yager said, â€
