Court Rejects Employment Claims of Nanny and Driver Who Worked for Herbert and Bui Simon

LOS ANGELES, Sept. 14, 2011 /PRNewswire/ -- A Los Angeles judge has rejected the employment discrimination claims of a former nanny and the employment claims of a former driver, both of whom worked for Herbert Simon, owner of the NBA's Indiana Pacers, and his wife, Bui Simon, a former Miss Universe.

Superior Court Judge Amy D. Hogue ruled that the evidence presented by the plaintiffs failed to support the discrimination and wage and hours claims filed 18 months ago by former nanny Claudia Leite Muehler and the wage and hours claims filed at the same time by former driver Robert G. Young.

In a 61-page tentative decision issued late Tuesday, Judge Hogue said the testimony of Ms. Leite Muehler "was not credible," and her contention that Mrs. Simon fired her because she was pregnant "does not comport with the evidence or with common sense."

"Aside from Leite's speculation, there is no evidence that Mrs. Simon was motivated by anything other than kindness and concern for Leite's condition," Judge Hogue stated in her ruling.

On the claims of former driver Robert G. Young, Judge Hogue ruled that his testimony was also "not credible" and that his calculations of wages he claimed were owed contained "so many mistakes and inconsistencies that the court could not accept the calculations..."

The ruling states that "the court did not believe Young's testimony that he worked nearly as many hours as he claims," noting that "he was seeking time for meals and rest breaks on days that he stayed at home, 'on call'..."

The judge permitted the parties 25 days to file objections or comments on the content of her ruling.

"We are extremely gratified with the Court's thoughtful ruling and believe that these baseless claims should never have been brought," said the Simons' attorney, Patricia Glaser of Glaser, Weil, Fink, Jacobs, Howard, Avchen & Shapiro LLP in Los Angeles.

While the ruling was vindication for the Simons, who had denied the plaintiffs' claims and vowed to fight them in court regardless of the potential for negative publicity, Mrs. Simon said it was most important that she and her husband set a good example for their children.

"The allegations were so ruthless and offensive that they called for a firm defense," Mrs. Simon said. "But this was never about money. It was about what we would be teaching our children about social responsibility. How could we expect our children to grow up to be responsible leaders of tomorrow if we as parents show that we meet our challenges simply by writing a check?"

The lawsuit received extensive media coverage when it was filed in March 2010 because of the public profile of Mr. Simon, an NBA owner and the founder of Simon Property Group, Inc., and Mrs. Simon, a former Miss Universe from Thailand and founder of the Angels Wings Foundation charity for underprivileged children.

In May 2010, the Simons filed a suit in Indianapolis against the plaintiffs' lawyer, Joseph A. Davis of Los Angeles, who represents another former employee, charging that he made false, malicious and defamatory statements concerning Mr. and Mrs. Simon to the Indiana media.

The Simons' defamation suit, which is still pending, charges Mr. Davis with making a false statement to the Indianapolis media that the Simons had fired Davis' client, a former house manager, because she refused to engage in a "criminal act" of paying an undocumented worker in cash to conceal the worker's undocumented status.

The Simons' complaint against Mr. Davis included copies of two letters from the former house manager in which she praised the Simons and apologized for having to resign because of an injury suffered in a traffic accident. One of the letters stated: "It breaks my heart that I can no longer work for the Simon Family. It has been a joy knowing you and a privilege serving The Simon's."

The Simons said they would continue to press their defamation claim against Mr. Davis in an Indiana court.

SOURCE Herbert and Bui Simon

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