Ochoa vs Green Thumb Produce, Inc.

Case Background

On March 23, 2022, Sendy Ochoa and Patricia Balderrama filed a consolidated wrongful termination complaint against Green Thumb Produce, Inc. alleging harassment and retaliation. The case was heard in California Superior Court, Riverside County, and Honorable Carol A. Greene presided over the case. [Case number: CVRI2201171]

Cause

Plaintiff Sendy Ochoa was a resident of Riverside County and worked for the Defendants in the same area. Similarly, Plaintiff Patricia Balderrama also lived and was employed in Riverside County.

Defendant Green Thumb Produce, Inc. (“Green Thumb”) operated as a California corporation in Riverside County. Its main office was located at 2648 W. Ramsey Street, Banning, CA 92220, where both Plaintiffs were employed. During their employment, Defendants fostered an environment where female and non-white employees faced discrimination. These employees experienced constant dismissal, received lower pay than their white and male counterparts, and endured offensive, racist comments.

Furthermore, Defendants treated the Plaintiffs with harassment due to their sex, gender, race, and disabilities. Defendant Michael Ingalls, the Vice President and Owner of Green Thumb, harassed the Plaintiffs for years. He made inappropriate phone calls and sent text messages after work hours, often while intoxicated.

Ingalls consistently belittled the Plaintiffs compared to their male and white colleagues. He micromanaged their work, dismissed their contributions, and humiliated them based on their protected statuses. Ingalls overlooked inappropriate behavior from white and male employees while scrutinizing the Plaintiffs’ work excessively.

Additionally, Ingalls ensured that male and white employees received higher pay than female and non-white employees in similar roles. He even stated that the Plaintiffs would never earn as much as the male employees at Green Thumb. In February 2022, both Plaintiffs filed formal complaints against Ingalls, citing his harassment and the discriminatory practices of the Defendants. Shortly after, on February 10, 2022, the Defendants terminated the Plaintiffs’ employment.

Damages

As a direct result of the Defendants’ actions, the Plaintiffs suffered significant financial losses. They faced reductions in earnings, future earnings, bonuses, and deferred compensation. Additionally, they lost various employment benefits.

The Plaintiffs also endured unlawful harassment, discrimination, and retaliation. These actions deprived them of full and equal employment opportunities. Consequently, the Plaintiffs experienced extreme emotional distress and mental anguish. They dealt with feelings of frustration, anxiety, and embarrassment.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Sendy Ochoa | Patricia Balderrama
    • Counsel for Plaintiff(s): Julian Burns King | Robert J. King | Margaret R. Wright
  • Defendant(s): Green Thumb Produce, Inc. | Michael Ingalls
    • Counsel for Defendant(s): J. Patrick Ragan | Jonathan V. Kaaria | Christopher D. Lockwood

Claims

The Plaintiffs filed multiple claims against the Defendants, including race discrimination and sex/gender discrimination in violation of FEHA. They also alleged hostile work environment harassment and retaliation under FEHA. Additionally, they claimed retaliation for exercising sick leave rights, as outlined in Labor Code §§ 233 and 245, and argued that the Defendants failed to prevent harassment and discrimination. The Plaintiffs asserted wrongful termination in violation of public policy and failure to reimburse necessary business expenses. They cited violations of the Equal Pay Act under Labor Code § 1197.5, as well as failures to provide minimum and overtime wages, meal periods, and rest periods as specified in Labor Code §§ 1194, 226.7, and 1198. Lastly, they sought remedies for waiting time penalties and raised issues of unfair competition.

Defense

The Plaintiffs’ claims for discrimination, harassment, and retaliation were barred because the alleged acts did not meet legal standards. If any incidents occurred, they were neither hostile nor oppressive. Instead, these actions were trivial and did not constitute legally actionable conduct.

Moreover, the Plaintiffs’ claims were further invalidated because the Defendants’ actions were justified. The Defendants acted in good faith, without any intent to harm, and did not violate California law. As a result, the Plaintiffs could not support their allegations against the Defendants.

Jury Verdict

On April 17, 2024, the Riverside jury found that Michael Ingalls did not subject either Sendy Ochoa or Patricia Balderrama to harassing conduct based on race and/or sex at Green Thumb Produce, Inc. It also determined that Green Thumb Produce did not take adverse employment actions against either plaintiff by paying them less than their male and/or white counterparts. Both Ochoa and Balderrama were terminated by Green Thumb Produce, rather than quitting their jobs, and the jury found that race and/or sex were not substantial factors in the decision to terminate their employment. However, both plaintiffs made complaints to Green Thumb Produce about conduct they reasonably believed to be harassment and discrimination based on race and/or sex. The jury concluded that these complaints were a contributing factor and a substantial motivating reason for the company’s decision to terminate their employment. The jury also found that the terminations caused substantial harm to both plaintiffs, who had requested sick leave for diagnosis, care, or treatment of existing health conditions or preventive care. Finally, the jury determined that neither plaintiff proved by clear and convincing evidence that Green Thumb Produce acted with malice or oppression toward them. Since the termination was a legal cause of harm to the Plaintiffs, the jury awarded them the following damages:

Sendy Ochoa: $613,052

  • Past emotional distress: $150,000
  • Future emotional distress: $45,000
  • Past lost wages: $266,310
  • Future lost wages: $151,742

Patricia Balderrama: $333,143

  • Past emotional distress: $115,000
  • Future emotional distress: $45,000
  • Past lost wages: $160,458
  • Future lost wages: $12,685

The total amount awarded to the Plaintiffs was $946,195. A judgment consistent with the verdict was entered on July 30, 2024. 

Court Documents:

Available upon request