Irma Rodriguez Moisa

In November 2014 Rodriguez Moisa was able to reach a favorable settlement on behalf of client CalAmp Wireless Networks Inc. following the plaintiff's deposition in a wrongful termination action. The secret to the settlement? The not-so-secret information the plaintiff posted on social media.

Part of her preparation for litigating a case is to run social media searches of plaintiffs, Rodriguez Moisa said. "It's incredibly surprising what information you find."

"During his deposition, this individual was overly confident, he was very surprised with the information we had with respect to [what] he put on Facebook," she added. Much of this information was contrary to the declarations the plaintiff provided during discovery. According to Rodriguez Moisa, the plaintiff submitted declarations that he wasn't able to find a new job following his termination and that "he was so distraught he didn't have the ability to enjoy life." She was able to use evidence from his Facebook page to call into question his credibility. The plaintiff also made representations that he was a law enforcement officer, which were untrue. "Impersonating a peace officer is a significant misrepresentation," she said.

According to Rodriguez Moisa, the plaintiff would have been an effective witness for his case, but ultimately his case did not make it to trial.

"Without [the social media evidence], I don't think the case would've settled, and it certainly wouldn't have settled for the price it did," she said. DeFlora v. CalAmp Wireless Networks Inc., 30-2013-00680186 (Orange Super. Ct., filed Oct. 8, 2013).

- HETERT-QEBU WALTERS