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
Wrongful Termination
Age Discrimination

Philip DeTeresi v. City of Los Angeles, Kenneth Lew

Published: Nov. 19, 1994 | Result Date: Nov. 9, 1994 | Filing Date: Jan. 1, 1900 |

Case number: BC052988 –  $814,000

Judge

Reginald A. Dunn

Court

L.A. Superior Central


Attorneys

Plaintiff

Andrew O. Feringa

R. Stephen Bolinger


Defendant

Patricia A. Kinaga
(LTL Attorneys LLP)

Carmel Sella


Experts

Plaintiff

Ernest Schmelling
(technical)

Bryan C. Conley
(technical)

Defendant

Mark Conta
(technical)

Facts

Plaintiff Philip DeTeresi entered the Defendant LAPD police academy on August 14, 1989. Four weeks short of graduation, from a course which then lasted 28 weeks, Plaintiff was dismissed for failing 3 times to achieve a score of 18 on 2 areas of self defense, gun take away and front smash. When an area of testing within the police academy is failed, the test graders are usually changed; in Plaintiff's case, 2 of the 3 graders remained the same, allegedly due to a staff shortage. Plaintiff had allegedly excelled in all other areas of testing, including driving, shooting (Plaintiff received a medal), CPR, academics, and weapons of self defense. Plaintiff was 41 years of age at the time.

Settlement Discussions

Plaintiff contends he demanded back wages, attorney fees, and that he be allowed to graduate with the next graduating class of the academy; and Defendants offered to place Plaintiff back in the academy (to start over) and $50,000.

Specials in Evidence

$350,000

Damages

Back wages and legal costs.

Deliberation

3 days

Poll

as to City 9-3, as to Lew 12-0

Length

12 days


#83385

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

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