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Debien v. Countrywide Home Loans9/28/2005
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Marie Debien appeals from the judgment, entered after a non-jury trial, in favor of her former employer, Countrywide Home Loans Inc. (Countrywide), and her former supervisor, Clara Freeman. Debien alleged that she was constructively terminated from her employment at Countrywide because Freeman harassed her and discriminated against her based on her Hispanic ancestry. This caused Debien to suffer disabling stress and depression. Because she found another job within a few months of leaving Countrywide, Debien seeks in this lawsuit to recover only non-economic damages as compensation for the stress and depression she experienced. The trial court found her claims were precluded under the doctrine of judicial estoppel because, in an application to the State Employment Development Department (EDD) for disability insurance benefits, Debien declared under penalty of perjury that her stress and depression were not caused by her job.
Debien contends the trial court erred in bifurcating the trial. She contends judicial estoppel does not apply because the EDD did not rely on her statement and would have paid the benefits whatever the cause of her disability. Finally, she contends respondents have unclean hands and should be barred from asserting the equitable defense of judicial estoppel. We affirm.
Facts
Debien was employed by Countrywide from 1991 until June 2001. For the first several years of her employment she received favorable annual performance reviews and merit salary increases. In August 1998, Clara Freeman became manager of the escrow division and appellant's direct supervisor. Freeman was critical of the work performed by Debien and other members of the division. Among other things, Freeman directed Debien and other Spanish-speaking employees to speak only English while at work. Many of these employees, including Debien believed that Freeman favored Caucasian employees and was plotting to fire Hispanics in the division.
Before Freeman became the division manager, Debien supervised eight to ten other workers. By March 2001, Freeman had removed these employees from Debien's supervision along with many of her other major job duties. On March 9, 2001, Freeman told Debien that she would be demoted by June 1 and would thereafter be supervised by an employee whom Debien previously supervised.
On March 23, 2001, Debien left work on a stress leave. She saw Kenneth Parola, M.D., a family practitioner. His notes of the visit described Debien as tearful, depressed and feeling hopeless. Debien told Dr. Parola that she was depressed because of her job. It was Dr. Parola's understanding that she would not qualify for state disability insurance benefits if her condition was work-related. She would instead be denied benefits unless she filed a workers' compensation claim. He discussed that understanding with Debien, who told him that she did not want to file for workers' compensation benefits. Dr. Parola completed a doctor's certificate for Debien, certifying to the Employment Development Department (EDD) under penalty of perjury that her depression was not "the result of 'occupation,' either as an 'industrial accident' or as an 'occupational disease[.]' "
Debien completed a similar form and submitted it, with Dr. Parola's certificate, to the EDD. On the form she completed, Debien stated that her
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