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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Morrison v. Vineyard Creek L.P., 193 Cal. App. 4th 1254 (2011)

Citation
Morrison v. Vineyard Creek L.P., 193 Cal. App. 4th 1254 (2011)
Parent Document
Morrison v. Vineyard Creek L.P., 193 Cal. App. 4th 1254 (2011)
Jurisdiction
California (state)
Effective Date
2011-03-29

Other Sections in This Document (83)

Full Text

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As to damages, Vineyard Creek ended up paying $6,501 “in satisfaction of all claims for damages and interest.” While the settlement agreement notes that the payment satisfies all of Morrison’s claims, the September 6, 2007 letter from Morrison’s attorney, which was before the trial court, sheds light on what claims actually led to that payment. The letter explained that Morrison’s demand for $12,500 in damages was comprised of $6,000 for Morrison’s actual damages (delay in starting the daycare center), $4,000 for statutory damages “based on Ms. Morrison’s discrimination and retaliation claims," and $2,500 for emotional distress. (Italics added.) Although all claims sought recovery for actual damages, the fact that Vineyard Creek did *1266not pay the $4,000 for statutory damages could lead to a reasonable inference that the $6,501 payment was for Morrison’s damages as a result of the violation of the Child Day Care Act (plus interest), and not any amount towards her “discrimination and retaliation claims” under the antiretaliation statute or FEHA.