This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Race Discrimination
Retaliation

Jennifer Lee v. City of Los Angeles Police Department, Ietia Eston, Neal Oku, and Does 1 to 50, inclusive

Published: Mar. 4, 2017 | Result Date: Jan. 31, 2017 | Filing Date: Jan. 1, 1900 |

Case number: BC598205 Bench Decision –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Linda L. Scott


Defendant

Jenna B. Galas
(Office of the Los Angeles City Attorney)


Facts

Jennifer Lee sued the City of Los Angeles Police Dept., Sergeant Ietia Eston, and Officer Neal Oku, in connection with an incident that allegedly occurred in March 2013.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff was a member of the LAPD. Plaintiff's father operated a commercial facility. In March 2013, the LAPD responded to the facility for eviction. One of her family members called plaintiff for advice after plaintiff's 80-year-old father was allegedly pushed by an officer during the evictions process. Plaintiff then filed a complaint against the LAPD for the alleged incident. During the investigation, the investigator, Eston, accused plaintiff of making false statements, warranting discipline. Plaintiff denied the investigator's accusations and claimed that her account of the event was easily verifiable. Nevertheless, the LAPD suspended her without pay on Oct. 20, 2014. The LAPD then terminated her employment following a Board of Rights hearing on Jan. 5, 2015.

Plaintiff thereafter filed this lawsuit, alleging causes of action for discrimination on the basis of race in violation of Government Code Section 12940(a); retaliation in violation of Section 12940(j); deprivation of rights in violation of Civil Code Sections 52.1 and 52.1(b); intentional infliction of emotional distress; negligent infliction of emotional distress; harassment on the basis of medical condition in violation of Government Code Section 12900 et seq.; and fraud. Defendants' investigation of the underlying matter was allegedly inaccurate. Plaintiff accused the investigator of leading witnesses to give false and inaccurate statement to ensure that plaintiff would be terminated from her employment. Plaintiff also claimed that Oku personally participated in this fraud.

DEFENDANTS' CONTENTIONS:
Defendants filed an anti-SLAPP motion, asserting immunity against plaintiff's claims. Plaintiff's complaint allegedly arose from a protected act, the LAPD's internal investigation, which is an official act.

Result

The court granted defendants' motion to strike. Accordingly, the case was dismissed.

Other Information

FILING DATE: Oct. 16, 2015.


#113393

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390