Karen Zappia v. Fitovers Eyewear, et al.

The plaintiff brought a lawsuit against our client for breach of contract, wrongful termination, breach of covenant of good faith and fair dealing, stalking, intentional infliction of emotional distress and negligent infliction of emotional distress in Ventura Superior Court. The plaintiff sought compensatory damages and punitive damages against the defendants. Essentially, the plaintiff contended the defendant failed to pay her 1% of net sales for three years after she left the company pursuant to an unsigned written contract, Paul Stables stalked her and caused her severe emotional distress by that conduct and alleged outrageous conduct and defendant Fitovers Eyewear wrongfully terminated her from her national sales manager position. The defendants filed their answer to the complaint and denied the allegations and alleged plaintiff breached her employment contract with Fitovers.

Our client, defendant, Fitovers Eyewear brought a cross-complaint against plaintiff for breach of contract, breach of fiduciary duty and conversion. Essentially, it contended that the plaintiff converted company money and a lap top computer to her own use. The plaintiff filed an answer and denied these allegations. At the mandatory settlement conference, the plaintiff demanded $200,000 to settle this case. The defendants offered a mutual release and walkaway with no one getting any money. About 30 days before trial, the plaintiff demanded $45,000 to settle the case.

The case was then tried before a jury. The jury rendered a special verdict that ultimately concluded the defendants were to be the prevailing party, plaintiff was to receive nothing on her complaint and they concluded that cross-defendant Fitovers was to receive $7,754 plus interest in the sum of $1,650.00 and costs of suit in the approximate sum of $8,500 on its cross-complaint against the plaintiff for conversion of company money from Fitovers.