Clifford v. American Drug Stores8/22/2005
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
PROCEDURAL BACKGROUND
Respondent and cross-appellant, Benissa Clifford, commenced this action on March 1, 1999, against her employer, Sav-On Drug Stores, and her supervisor Russ Doose, one of Sav-On's management employees. The first amended complaint alleges that Doose and Sav-On engaged in unlawful employment practices under Government Code section 12940, including sexual harassment and retaliation, and that Clifford had previously filed a complaint with the Department of Fair Employment and Housing (DFEH) on July 8, 1998.
The action was dismissed with regard to Doose at the start of trial. On April 26, 2001, a jury found that Sav-On had engaged in unlawful employment practices, that Sav-On had committed oppression and malice in doing so, and it awarded Clifford compensatory damages in the amount of $3,000,000. The finding that Sav-On committed unlawful employment practices was unanimous. In addition, all 12 jurors found the unlawful conduct to have been committed with malice.
The issue of punitive damages had been bifurcated, and was tried to the same jury on May 1, 2001. Deliberations began on the same day, and on May 8, 2001, when the jury notified the court that it was unable to reach a verdict, a mistrial was declared.
Retrial commenced before a different jury on September 14, 2001. The second jury rejected Clifford's punitive damage claim, and judgment was entered in her favor against Sav-On in the sum of $3,000,000, plus costs and attorney fees. Sav-On's motions for new trial and judgment notwithstanding the verdict were denied on April 11, 2002. Sav-On thereafter filed a timely notice of appeal, and Clifford filed a timely notice of cross-appeal.
FIRST TRIAL FACTS
Clifford has been employed by Sav-On since 1988, first as an assistant manager. She was promoted to general manager of one store within her first year, and to another soon after. Clifford was promoted and transferred again twice before 1994, and to the Buena Park store in 1994.
Clifford loved the Buena Park store, worked very hard, put in long hours, and considered her future prospects with Sav-On to be good. She had been sent there to streamline the operation, which had been estimated to take nine months, but she took only three months and received good performance reviews from her market manager, Bill Thompson.
After a few months, Bill Thompson was transferred, and Russ Doose, whom Clifford had never met before, became her market manager. Within three or four weeks, Doose began exhibiting inappro
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