Agilent was sued in 2003 by Mountain View residents Michelangelo Delfino and Mary E. Day, who claimed the company, along with employee Cameron Moore, was responsible for intentionally and negligently inflicting emotional distress against them through cyberthreats that Moore made.

The employee allegedly sent anonymous threats to the plaintiffs through e-mails and postings on a Yahoo! message board primarily using the screen name ?crack smoking jesus,? which he later admitted to the FBI was his pseudonym.

Delfino claimed Moore?s hostility toward the plaintiffs stemmed from his connection with Varian Medical Systems, which had been involved in an unrelated lawsuit against Delfino and Day. The pair claimed Moore was linked to a vice president of Varian, George Zdasiuk, through Agilent employee Julie Fouquet who was Zdasiuk?s wife.

Varian had sued the two over derogatory messages they posted about the company and certain of its employees on Internet message boards. After Varian prevailed in a jury trial, and while the judgment was pending appeal, Moore allegedly worked with Varian supporters to harm Day and Delfino.

His graphic and explicit threats included an email to Delfino promising to break his fingers and teeth, destroy his car, and perhaps set his residence on fire.

Delfino and Day claimed that Agilent knew Moore was using its computer system to send the threats.

http://www.metnews.com/articles/2006/delf121506.htm

It is quite clear to me that George Zdasiuk, the Varian Medical Systems vice president who is involved with Cameron Moore, the Agilent Technologies engineer arrested by the FBI for making death threats is guilty and should be punished.

The case against George Zdasiuk is over (see Varian Medical Systems v. Delfino (2005) 35 Cal. 4th 180; 106 P.3d 958; 25 Cal. Rptr. 3d 298.) Zdasiuk was found guilty and lost his lawsuit. As far as I can determine he is just one big embarrassment that Varian Medical doesn't want to talk about, e.g., Varian Medical does not show him as one of its executives with stock options.

In regard to this case (Delfino v. Agilent Technologies (2006) 145 Cal. App. 4th 790) I just read that the ruling is being appealed to the California Supreme Court which I believe will grant review. If the California Supreme Court denies review I believe that the Appellants now represented by both the Eisenberg & Hancock and the Horvitz & Levy law firms will petition the US Supreme Court for review. An interesting case for sure.

DELFINO v. AGILENT TECHNOLOGIES, INC.
Case Number S149512
Date Description Notes
01/18/2007 Petition for review filed Michelangelo Delfino and Mary E. Day, plaintiffs and appellants
by Jon B. Eisenberg of Eisenberg & Hancock LLP and by John A. Taylor, Jr. of Horvitz & Levy LLP
01/18/2007 Record requested
01/19/2007 Received Court of Appeal record one full box
02/08/2007 Answer to petition for review filed Agilent Technologies, Inc., respondent
by Bradford K. Newman of Paul, Hastings, et al., retained.

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