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Fresno State could have settled Vivas case for one-third of verdict

Two days after a Fresno County Superior Court jury awarded former Fresno State volleyball coach Lindy Vivas a $5.85 million verdict in her discrimination case against Fresno State, the chancellor of the university system told me in a telephone call that he wanted to settle the case, but Vivas and her lawyer would not budge from her demand for $4.1 million. That conversation with Charles B. Reed, the chancellor of the California State University system, was July 11.

Now I learn that Reed's contention to me was not accurate. In a special legislative hearing Tuesday in Sacramento, it was revealed that Vivas offered to settle for $1.75 million. It could have even been less, because that was where the negotiations were to begin. Fresno State started at $15,000 and the negotiations never progressed from there.

Reed also told the Senate committee that the jury's verdict was improper and the jury "was essentially trying to punish the CSU."

The problem with that line of thinking is Reed and Fresno State officials rolled the dice instead of settling the case. You never know what a jury will do, so it makes sense for both sides to try and settle before trial. Fresno State and CSU decided to go to court and it will cost them.

The jury award could get reduced by a judge or thrown out altogether. But that's another gamble.

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