Superior Court of the State of California County of Alameda Civil Case # 19001677 of Melin, ET Al. versus Farmers Group, ET Al. Filed on January 8, 2019 Summary
J. Gary Gwilliam, Esq. (State Bar No. 33430)
Randall E. Strauss, (Esq. (State Bar No. 16863)
Robert J. Schwartz, Esq. (State Bar No. 254778)
GWILLIAM, IVARY, CHIOSSO, CAVALLI & BREWER
1999 Harrison Street, Suite 1600
Oakland, CA 94612-3528
Telephone: (510) 832-5411
Facsimile: (510) 832-1918
Email: email@example.com, firstname.lastname@example.org, email@example.com
J. Edward Kerley, Esq. (State Bar No. 175695)
Dylan Schaffer, Esq. (State Bar No. 153612)
KERLEY SCHAFFER LLP
1939 Harrison Street, Suite 500
Oakland, CA 94612
Telephone: (510) 379-5801
Facsimile: (510) 228-0350
Attorneys for Plaintiffs
James Melin, ET AL.
Plaintiffs James Melin, Sheri Beckheyer, Larry Cavins, Kevin Crowley, Jonathan Glabman, Marina Grau, Thomas Burske, Robert LemMon, Robert Love, Deborah Mesquitt, Thomas Mortensen, Saed Najjar, Linda Neal, Chuck Nielsen, Danny Ortiz, Lawrence Richardson, Scott Stark and Ted Talbot
Defendants Farmers Group, Inc. (Farmers) Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company, Farmers New World Life Insurance Company, Coast National Insurance Company, Farmers Specialty Insurance Company, Foremost Insurance Company, Christopher Cayabyab, Daniel Covarrubias, Guadalupe Diaz, Jeffrey Ellis, Frankie Flores, Marte Formico, David Gamble, Naji Garabet, Bruce Gordon, Gregory Haupt, David Pinheiro, Kevin Scully, Kandace Thrift, Lisa Vermette, and DOES 1-20, inclusive
The 18 Plaintiffs were all Farmers Agents for between 12 to 48 years with offices located in California.
Farmers sold the Plaintiffs a vision of owning your own agency, be your own boss, create “generational” wealth, work as long as you like that was all a lie.
Farmers did it because the “new blood” they want works on cheaper contracts.
The Plaintiffs, after committing their careers and fortunes to Farmers, were suddenly left in the cold, stuck with leases they no longer needed and forced to start over late in their careers--the dream Farmers promised snatched away in the naked and discriminatory pursuit of profit.
This Civil Case details 9 Complaints and Causes of Action that are:
- Disparate Treatment Age Discrimination
- Disparate Impact Age Discrimination
- Failure to Prevent Discrimination and Harassment
- Wrongful Termination in Violation of Public Policy
- Breach of Express or Implied Contract
- Breach of the Implied Covenant of Good Faith and Fair Dealing
- Violations of the Unruh Civil Rights Act and
- Tortious Interference with Contract and Prospective Economic Advantage
Prayer for Relief
Plaintiffs pray for judgment against the defendants as follows:
- For injunctive relief and all orders necessary to ensure that Farmers establishes and enforces policies and procedures protecting its employees from unlawful discrimination, harassment, and retaliation;
- For compensatory damages, including loss of wages, promotional opportunities, employment benefits, vacation benefits, medical bills, and other special and general damages according to proof but in excess of the jurisdictional threshold of this court;
- For mental and emotional distress damages;
- For an award of interest, including prejudgment interest, at the legal rate;
- For reasonable attorneys’ fees pursuant to Government Code section 12965(b), Civil Cod section 1021.5, and all other applicable statutes;
- For punitive and exemplary damages in an amount sufficient to punish and deter the defendants’ outrageous conduct;
- For costs of suit incurred herein; and
- For such other and further relief as the court deems just and proper.
Demand for Trial by Jury
Plaintiffs hereby demand a trial by jury.