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Employment Law
ADA
Whistleblower Retaliation

Fernando Jara v. Los Angeles Unified School District, John E. Deasy, Doe Superintendent, and Does 1 through 50

Published: Jul. 16, 2016 | Result Date: Jun. 22, 2016 | Filing Date: Jan. 1, 1900 |

Case number: BC610935 Demurrer –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Pro Per


Defendant

Adam A. Grable
(Los Angeles Unified School District)


Facts

Fernando Jara sued the Los Angeles Unified School District, John Deasy, and the Superintendent, involving allegations of disability discrimination.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff began working for LAUSD as a bus driver in 1987. In late 2011, plaintiff was assigned to special assignment, when he allegedly became the target of hostile treatment by a dispatcher and the Area Bus Supervisor. Plaintiff claimed this caused him to suffer from severe anxiety and mental anguish. Plaintiff alleged he was also subjected to discrimination because of his race and disability. Defendants allegedly terminated him in 2012, only to reinstate him soon thereafter. However, defendants ultimately terminated plaintiff from employment in in late 2013, prompting this lawsuit. Plaintiff asserted causes of action for disability discrimination, whistleblower retaliation, outrageous infliction of emotional distress, intentional distress caused by reckless disregard, and rehabilitation of full time disabled public employee under Labor Code Section 6200.

DEFENDANTS' CONTENTIONS:
Defendants issued a general demurrer, alleging failure to state facts sufficient to constitute a cause of action.

Result

The trial court sustained the demurrer with leave to amend.

Other Information

FILING DATE: Feb. 19, 2016.


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