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Employment Law
Retaliation
Reported Misconduct

Loren Farell, Juan Baello v. City of Los Angeles

Published: Oct. 18, 2014 | Result Date: Sep. 3, 2014 | Filing Date: Jan. 1, 1900 |

Case number: BC491484 Verdict –  $1,031,530

Court

L.A. Superior Central


Attorneys

Plaintiff

Gregory W. Smith
(Law Offices of Gregory W. Smith LLP)

Marla A. Brown
(Law Office of Marla A. Brown)


Defendant

Mark K. Kitabayashi
(Lozano Smith APC)

Douglas L. Lyon
(Office of the Los Angeles City Attorney)

Gregory A. Wedner


Facts

Loren Farell and Juan Baello sued the City of Los Angeles

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs were both police officers for the Los Angeles Police Department. Plaintiffs alleged that in 2011, between Aug. 15 and Dec. 21, they disclosed information to the city, the District Attorney's office, the LAPD, and other government and law enforcement agencies regarding violations of state and federal laws.

Plaintiffs reported to the LAPD that they reasonably believed that LAPD detectives under LAPD supervision were failing to properly record overtime, and work overtime in violation of federal and state labor laws. However, after complaining to their superiors about the alleged misconducts, the city relieved them of their positions in the Valley Financial Section, and transferred them to lesser, non-covered positions that were below their skill levels and located far from their respective homes. Plaintiffs alleged the city's transfer and other conduct constituted retaliation and violated state and federal laws, rules, and/or regulations.

DEFENDANT'S CONTENTIONS:
The city filed a demurrer to plaintiffs' complaint, alleging that the complaint failed to plead sufficient facts sufficient to establish a cause of action. The city also argued that plaintiffs had not engaged in any protected act. Moreover, the city argued against giving police officers whistle-blower protection for performing crime-reporting duties.

Result

The jury rendered a verdict in favor of plaintiffs. Farell was awarded $158,036 in past economic damages and $150,000 in past non-economic damages. Baello was awarded $73,498 in past economic damages, $150,000 in past non-economic damages, and $500,000 in future non-economic damages.


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