Facts

Carla Balatresi sued the Italian Cultural Consulate of Los Angeles in connection with an employment dispute.

PLAINTIFF'S CONTENTIONS:
Plaintiff applied for the position of driver/clerk/call-center operator for the Italian Consulate. Following completion of the exams and pursuant to the civil service procedures, the Italian Consulate authorized her hiring. The parties thereafter entered into a written employment contract.

Plaintiff claimed she was both a citizen of Italy and the U.S. and held the position from March 18, 2009 through Dec. 31, 2009 and again from May 3, 2010 until Dec. 31, 2011. Plaintiff alleged that the Italian Ministry forced her into retirement after she turned 67. Plaintiff then sued, asserting claims for wrongful termination pursuant to the Age Discrimination in Employment Act and the California Fair Employment and Housing Act.

DEFENDANT'S CONTENTIONS:
Defendant contended that the Ministry authorized plaintiff's mandatory retirement as per ministerial decree. Defendant moved to dismiss plaintiff's complaint for lack of jurisdiction.

Result

The court granted the Italian Consulate's motion to dismiss for lack of jurisdiction because a foreign state is immune from jurisdiction pursuant to the doctrine of sovereign immunity as enacted in the Foreign Sovereign Immunities Act.