Martinez v. O'HaraAnnotate this Case
Following the termination of his employment, plaintiff Fernando Martinez sued Stephen Stratton O’Hara (O’Hara), Career Solution and Candidate Acquisitions (CSCA), O’Hara Family Trust, OCRE, Inc., Professional Realty Council, Inc., and Pacific Valley Realty, Inc. (collectively, defendants) alleging five employment-related claims. Plaintiff’s wage claim was resolved before trial and his fraud claim was dismissed when the trial court granted defendants’ motion for nonsuit. A jury returned a verdict awarding a total of $8,080 in damages on the claim for sexual harassment in violation of the California Fair Employment and Housing Act (FEHA). Following a bench trial of plaintiff’s remaining claims seeking an injunction for unfair advertising and unfair business practices, the trial court found in favor of defendants. Plaintiff moved for attorney fees, which was denied. Plaintiff appealed the fee order, but the Court of Appeal affirmed. The Court reported plaintiff’s attorney Benjamin Pavone to the California State Bar for manifesting gender bias: the notice of appeal signed by Mr. Pavone on behalf of plaintiff referred to the ruling of the female judicial officer as “succubustic.” The Court published this portion of the opinion to make the point that gender bias by an attorney appearing before the Court would not be tolerated. Furthermore, the attorney was reported to the Bar for a statement in the notice of appeal suggesting the trial court attempted to thwart service of the signed judgment on plaintiff in an effort to evade appellate review and statements in the appellate briefs he signed on behalf of plaintiff accusing the judicial officer who ruled on the motion for attorney fees of intentionally refusing to follow the law. None of these serious charges was supported by any evidence.