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Employment Law
Retaliation

Caren Carl Mandoyan v. Los Angeles County, Shiela Kuehl, in her official capacity, Hilda Solis, in her official capacity, Janice Hahn, in her official capacity, Kathryn Barger, in her official capacity, John Naimo, in his official capacity, Los Angeles County Sheriff's Department, Bobby Denham, in his official capacity

Published: Dec. 27, 2019 | Result Date: Nov. 12, 2019 |

Case number: 2:19-cv-02537-JFW-RAO Bench Decision –  Dismissal

Judge

John F. Walter

Court

CD CA


Attorneys

Plaintiff

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

Diana Wang Wells
(Law Offices of Gregory W. Smith LLP)

Leila K. Al Faiz
(Leila Al Faiz at Law)

John A. Schlaff
(Law Offices of John A. Schlaff)


Defendant

A. Sasha Frid
(Miller Barondess LLP)

Louis R. Miller III
(Miller Barondess LLP)

J. Mira Hashmall
(Miller Barondess LLP)

Justin P. McCarthy
(Miller Barondess, LLP)

Gary Lee Ewell
(Ewell, Brown, Blanke & Knight LLP)


Facts

Caren Carl Mandoyan filed suit against the County of Los Angeles, the Los Angeles Sheriff's Department, Shiela Kuehl, Hilda Solis, Janice Hahn, Kathryn Barger, John Naimo, and Bobby Denham in relation to Mandoynan's treatment while employed as a Los Angeles County sheriff's deputy. Mandoyan voluntarily dismissed the Los Angeles Sheriff's Department, Kuehl, Solis, Hahn, Barger, Naimo, and Denham from the lawsuit, leaving only the County of Los Angeles as defendant.

Contentions

PLAINTIFF'S CONTENTIONS: Mandoyan alleged that he was retaliated against by county leaders due to his support for Sheriff Alex Villanueva and former sheriff candidate Jim Hellmold. Mandoyan claimed that county leaders withheld his pay and retaliated against him to induce him to leave the sheriff's department.

DEFENDANTS' CONTENTIONS: The County argued that Mandoyan's claims were previously litigated before the Civil Service Commission, and that proceeding resulted in Mandoyan's termination being upheld. Additionally, the County contended that Mandoyan was terminated from employment because he had allegedly grabbed a female deputy by the neck, sent her harassing text messages, and attempted to break into her residence. The County claimed that no retaliation could have occurred regardless because Mandoyan's termination was upheld at the time of the election.

Result

The court granted the County of Los Angeles's motion to dismiss on the ground that Mandoyan's claims were previously litigated before the Civil Service Commission and were barred by the applicable statute of limitations.

Other Information

This case was related to a case filed by the County of Los Angeles in Los Angeles Superior Court (Los Angeles Superior Court Case No. 19STCP00630). In that case, the County of Los Angeles challenged the authority of Los Angeles County Sheriff Alex Villanueva to reinstate former Deputy Sheriff Caren Carl Mandoyan. On August 19, 2019, the County obtained a preliminary injunction overturning Sheriff Villanueva's rehiring of Mandoyan.


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