Wednesday, August 5, 2026
Defense wins complete verdict in hotel harassment suit
A San Diego County jury found a former Best Western housekeeper was not an employee of the hotel operator, defeating her FEHA harassment claim and rejecting related negligence and retaliation allegations in a complete defense verdict.
A San Diego County jury cleared the operator of a Best Western hotel of liability in a former housekeeper's sexual harassment lawsuit, rejecting claims that a manager and a coworker harassed her and that the hotel retaliated after she complained.
The July 29 special verdict in San Diego County Superior Court was a complete defense win for Harney Hospitality L.P., operator of the Best Western Plus Hacienda Hotel Old Town. Jurors found Marie Washington was not Harney's employee, defeating her Fair Employment and Housing Act harassment claim, and rejected her negligence and retaliation claims. Washington v. Best Western International Inc. et al., 37-2023-00022136-CU-OE-CTL, (S.D. Super. Ct., filed May 25, 2023)
Jurors answered "no" to the threshold question of whether Washington worked for Harney, ending deliberations on the harassment claim.
On negligent supervision and retention, jurors found Harney negligent in supervising or retaining manager Jose Baez-Flores but answered "no" when asked whether he was unfit for the job, defeating the claim.
On retaliation, jurors agreed Washington engaged in protected activity by complaining but found Harney took no materially adverse employment action. Because the panel never reached damages, Washington recovered nothing.
Washington was represented by Benjamin Eghbali of the Eghbali Firm in Los Angeles. Best Western International and Harney Hospitality were represented by Jason M. Kirby of Kirby & Kirby LLP. Roger M. Mansukhani and Emma Horner of Gordon Rees Scully Mansukhani represented XL Staffing and Lugo. None of the attorneys were available for comment.
Washington sued in 2023 and filed a first amended complaint in August 2025 naming Best Western International Inc., Harney Hospitality, staffing agency XL Staffing Inc., Baez-Flores and houseman Jesse Lugo. XL Staffing assigned her to the hotel in May 2022 as a housekeeper earning $16.50 an hour, according to the complaint.
The complaint alleged Lugo asked Washington for a "make out session" during a June 2022 car ride, then groped her in a hotel elevator days later and bear-hugged her from behind, telling her, "if you want this to stop say stop right now."
It also alleged Baez-Flores commented on her body almost daily, told coworkers she "belonged to him" and, during one work conversation, insisted he could see through her clothing, saying, "yes I can, I am a man, and we can see those things."
According to the complaint, Washington reported the alleged conduct to XL Staffing and hotel managers before resigning in September 2022.
She alleged supervisors increased her workload from 10 to 12 rooms a day to 15 to 17 after she complained and assigned her more double-bed and recently vacated rooms that required additional cleaning. When she protested, the complaint said, Baez-Flores told her, "You got this, mami."
According to the complaint, an email exchange between XL Staffing office manager Stacey Mackey and Harney's Kathy Darnell laid the contradiction bare. Washington, Mackey wrote, was already the second worker to walk away because of Baez-Flores--and this was no surprise. The concern had been raised three months earlier, first by email, then by a voicemail Mackey left when no one replied.
Darnell's answer, the complaint noted, was simply that the company was hearing of it for the first time.
The July 29 special verdict in San Diego County Superior Court was a complete defense win for Harney Hospitality L.P., operator of the Best Western Plus Hacienda Hotel Old Town. Jurors found Marie Washington was not Harney's employee, defeating her Fair Employment and Housing Act harassment claim, and rejected her negligence and retaliation claims. Washington v. Best Western International Inc. et al., 37-2023-00022136-CU-OE-CTL, (S.D. Super. Ct., filed May 25, 2023)
Jurors answered "no" to the threshold question of whether Washington worked for Harney, ending deliberations on the harassment claim.
On negligent supervision and retention, jurors found Harney negligent in supervising or retaining manager Jose Baez-Flores but answered "no" when asked whether he was unfit for the job, defeating the claim.
On retaliation, jurors agreed Washington engaged in protected activity by complaining but found Harney took no materially adverse employment action. Because the panel never reached damages, Washington recovered nothing.
Washington was represented by Benjamin Eghbali of the Eghbali Firm in Los Angeles. Best Western International and Harney Hospitality were represented by Jason M. Kirby of Kirby & Kirby LLP. Roger M. Mansukhani and Emma Horner of Gordon Rees Scully Mansukhani represented XL Staffing and Lugo. None of the attorneys were available for comment.
Washington sued in 2023 and filed a first amended complaint in August 2025 naming Best Western International Inc., Harney Hospitality, staffing agency XL Staffing Inc., Baez-Flores and houseman Jesse Lugo. XL Staffing assigned her to the hotel in May 2022 as a housekeeper earning $16.50 an hour, according to the complaint.
The complaint alleged Lugo asked Washington for a "make out session" during a June 2022 car ride, then groped her in a hotel elevator days later and bear-hugged her from behind, telling her, "if you want this to stop say stop right now."
It also alleged Baez-Flores commented on her body almost daily, told coworkers she "belonged to him" and, during one work conversation, insisted he could see through her clothing, saying, "yes I can, I am a man, and we can see those things."
According to the complaint, Washington reported the alleged conduct to XL Staffing and hotel managers before resigning in September 2022.
She alleged supervisors increased her workload from 10 to 12 rooms a day to 15 to 17 after she complained and assigned her more double-bed and recently vacated rooms that required additional cleaning. When she protested, the complaint said, Baez-Flores told her, "You got this, mami."
According to the complaint, an email exchange between XL Staffing office manager Stacey Mackey and Harney's Kathy Darnell laid the contradiction bare. Washington, Mackey wrote, was already the second worker to walk away because of Baez-Flores--and this was no surprise. The concern had been raised three months earlier, first by email, then by a voicemail Mackey left when no one replied.
Darnell's answer, the complaint noted, was simply that the company was hearing of it for the first time.
