City asks judge in wrongful-termination case to set aside verdict -- or grant new trial
San Diego City Attorney Mara Elliott, whose predecessor fired a senior lawyer under questionable circumstances then lost a wrongful-termination lawsuit, is asking a judge to overturn the jury’s verdict — or grant a new trial.
“At trial, the court excluded multiple exhibits offered by the city that were directly relevant to the issue of whether Mr. Goldsmith had a legitimate, non-discriminatory reason to reassign or terminate plaintiff,” lawyers for the city wrote.Dell’Anno was a midcareer prosecutor who rose through the ranks of the City Attorney’s Office to lead the criminal division.
The city’s liability is growing by the day. Under the rules of civil procedure, a judgment begins accruing interest from the day it is awarded to the day it is paid. In addition to the $3.9 million in damages awarded to Dell’Anno, the city is likely on the hook for legal fees incurred by the plaintiff during the course of the litigation. Those attorneys’ costs could stretch into the hundreds of thousands of dollars.
According to a staff report prepared by the City Attorney’s Office in September, most of the money paid to Liebert Cassidy Whitmore was for its work on the Dell’Anno case. The decision to replace Burke Williams Sorensen was made in July, weeks after The San Diego Union-Tribune reported that one of the firm’s lawyers — William Price — was accused in a sworn declaration of threatening a witness to testify in favor of the city.
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