California Appeals Court Affirms $4.1 Million Verdict in Maas v. McKinnon Broadcasting Equal Pay Case
Executive Summary
| Category | Amount |
|---|---|
| Equal Pay Act Violation | $200,000 |
| Whistleblower Retaliation (Lost Wages) | ~$1,300,000 |
| Emotional Distress | $80,000 |
| Jury Award Subtotal | $1,775,000 |
| Attorneys' Fees | $2,376,677.50 |
| Total Judgment | Over $4.1 million |
On January 14, 2026, the California Court of Appeal, Fourth District, Division 1, affirmed the judgment in favor of former KUSI news anchor Sandra Maas, upholding both the jury's verdict and the award of attorneys' fees. The jury found that McKinnon Broadcasting Company violated California's Equal Pay Act by paying Maas less than her male co-anchor for substantially similar work and retaliated against her after she raised concerns about the pay disparity.
Case Information
Case Name: Maas v. McKinnon Broadcasting Company
Trial Court: San Diego Superior Court, Case No. 37-2019-00032336-CU-OE-CTL
Appellate Court: California Court of Appeal, Fourth District, Division 1, Case No. D082767
Trial Judge: Hon. Ronald F. Frazier
Verdict Date: March 9, 2023
Appellate Decision: January 14, 2026 (unpublished)
Parties
Plaintiff: Sandra Maas, former evening news anchor at KUSI (Channel 51) in San Diego. Maas joined KUSI in 2004 as morning anchor and was promoted to evening anchor in 2010. She departed the station on June 13, 2019. Maas has 33 years of broadcast television experience and has received multiple Emmy nominations.
Defendant: McKinnon Broadcasting Company, former owner of KUSI (Channel 51), an independent San Diego television station. McKinnon Broadcasting sold KUSI to Nexstar Media Group in September 2023 for $35 million.
Counsel
Plaintiff's Counsel:
Gruenberg Law (San Diego)
Josh D. Gruenberg (Lead Attorney)
Pamela Vallero
Joshua P. Pang
Daphne A.M. Delvaux
Jon Williams (Appellate Counsel)
Defendant's Counsel:
Paul, Plevin, Sullivan & Connaughton LLP
Kenneth Fitzgerald (Lead Trial Attorney)
E. Joseph Connaughton
Fred M. Plevin
Jacqueline Seiter
Key Findings
The jury returned a verdict on March 9, 2023, after a four-week trial, finding in favor of Maas on her Equal Pay Act and whistleblower retaliation claims while rejecting her age and gender discrimination claims under FEHA.
Liability Findings:
Equal Pay Act Violation (Labor Code § 1197.5): For Plaintiff
Whistleblower Retaliation (Labor Code § 1102.5): For Plaintiff
Age Discrimination (Gov. Code § 12940): For Defendant
Gender Discrimination (Gov. Code § 12940): For Defendant
Malice/Oppression/Fraud: Not found (no punitive damages awarded)
Appellate Court Ruling:
The Fourth District rejected all of McKinnon Broadcasting's arguments on appeal, stating: "[McKinnon Broadcasting] challenges the verdict on various grounds, none of which we find persuasive. We affirm the judgment."
The appellate panel affirmed the trial court's evidentiary rulings and found the jury's verdict was supported by substantial evidence. The only modification involved interest calculations—the court ruled that interest should have ceased accruing on February 14, 2024, when McKinnon deposited approximately $6.3 million with the court pending appeal.
Factual Background
Sandra Maas began her career at KUSI in 2004 as a morning anchor for "Good Morning San Diego." In 2010, she was promoted to evening anchor, where she co-anchored the flagship newscast alongside Allen Denton, who had joined KUSI that same year from a Bay Area station.
The Pay Disparity
Throughout their nine-year partnership, Maas was consistently paid less than Denton:
| Year | Maas Salary | Denton Salary | Disparity |
|---|---|---|---|
| 2010 | $120,000 | $200,000 | $80,000 |
| 2015 | — | — | Up to $90,000 |
| 2019 | $180,000 | $245,000–$250,000 | $65,000–$70,000 |
In opening statements, plaintiff's counsel characterized the situation as two anchors sitting "side by side at the same news desk, reading from the same teleprompter, anchoring the same newscast, but paid significantly different by KUSI."
The Equal Pay Claim
Under California Labor Code § 1197.5, an employer violates the Equal Pay Act when employees of different sexes performing "substantially similar work" receive unequal pay, unless the employer can demonstrate the entire differential is based on legitimate factors such as seniority, merit, or a bona fide factor other than sex.
McKinnon Broadcasting argued that Denton's greater experience justified the pay gap—he had 48 years of total broadcasting experience including 11 years in radio, compared to Maas's 33 years in television. The defense also claimed Denton worked more hours and was more engaged in the news process.
The jury rejected these arguments. Notably, the Equal Pay Act does not require proof of discriminatory intent—only that a pay disparity exists for substantially similar work and that the employer cannot justify the entire differential with documented legitimate factors.
The Retaliation Claim
In December 2017, Maas began raising pay equity concerns during contract negotiations. On April 30, 2018, she sent a formal letter to General Manager Mike McKinnon Jr. stating: "there is no reason my compensation should be less than multiple male counterparts at KUSI."
McKinnon offered a $20,000 raise with a three-year contract, but this would still leave Maas $20,000 below Denton's salary. Maas opted for a one-year deal at $180,000.
On May 17, 2019, Maas was informed that her contract would not be renewed. News Director Steve Cohen explained the station was "transitioning the way it reported the news" and "bringing in a new generation of journalists." HR Director Sally Luck told Maas she had "done nothing wrong."
The jury found that Maas's complaints about pay disparity constituted protected activity under Labor Code § 1102.5, and that her non-renewal was retaliatory.
Why Discrimination Claims Failed
Despite finding equal pay and retaliation violations, the jury rejected the FEHA discrimination claims. The age discrimination claim was undermined by the fact that Maas was replaced by anchor Ginger Jeffries, who was 47 years old—also within the protected class of workers over 40.
The gender discrimination claim required proof of discriminatory intent, a higher burden than the Equal Pay Act's focus on pay disparity regardless of motive.
Co-Anchor Testimony
Allen Denton testified via video from Panama City, Florida. During cross-examination, he confirmed sending Maas a text message after learning of her lawsuit: "Looks like you nailed it. They screwed you. ... You deserve every single dollar."
When asked if he was shocked that the pay disparity reached as much as $90,000, Denton responded: "Yeah, I might have been shocked that she wasn't making a lot more than me."
Attorneys' Fees
Maas's counsel requested $3.9 million in attorneys' fees, applying a 1.45 multiplier to their $2.7 million base fee. Judge Frazier rejected the multiplier but approved fees based on 4,088 hours of documented work, awarding $2,376,677.50. The appellate court affirmed this award.
Post-Verdict Developments
Maas received payment of $4,621,626.29 on May 3, 2024, following McKinnon Broadcasting's deposit of funds with the court pending appeal.
McKinnon Broadcasting sold KUSI to Nexstar Media Group in September 2023 for $35 million. The company has exited the broadcasting business.
Appellate Opinion
The appellate opinion in this case is unpublished and non-citable under California Rules of Court, rule 8.1115. This is standard for employment cases that apply existing law without establishing new precedent.