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Thanks to the ZAP (Zuma's Action Plan) Public Records Request Expert who sent me a bunch of case summaries to look through, on another matter, when this one came up in a Google search of some names. And for good reason: Mayor Sam and Joeseph Mailander blogged all about this when it happened: Here's the aftermath. Sounds worse than dog food.
TRANFER OF CASE TO THE HONORABLE GEORGE H. WU, United States District Judge, United States Courthouse.
The following hearing date is hearby set:
Status Conference set for May, 2 2007 at 9:00a.m.
Pretrial Conference: July 2, 2007 at 8:30am
Jury Trial: July 10, 2007
(Docketed on April 24, 2007)
PLEASE TAKE NOTE that Defendants hearby demand a trial by jury. Plaintiff Ruby De Vera has also demanded a jury trial in her Complain for Damages. (Dec. 27, 2006)
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT (SEP 29 2006)
RUBY DE VERA, an individual; Plaintiff, vs. CITY OF LOS ANGELES, a public entity; ED REYES, an individual; and DOES 1 through 100, inclusive, Defendants.
COMPLAINT BY PLAINTIFF RUBY DEVERA FOR COMPENSATORY, INJUNCTIVE AND PUNITIVE DAMAGES FOR:
1. Violation of Labor Code Section 1101
2. Violation of Labor Code Section 1102
3. Discrimination Based on Race/Ethnic Origin in Violation of the Fair Employment and Housing Act (Cal. Govt. Code & 12940)
4. Violation of First Amendment (42 U.S.C. & 1983)
5. Violation of Equal Protenction (42 U.S.C. & 1981)
6. Wrongful Termination in Vilation of Public Policy
7. Intentional Infliction of emotional Distress.
DEMAND FOR A JURY TRIAL
THE PARTIES
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1. ...for interfering with Plaintiff's right to political expression and political activities, and retaliating against Plaintiff for excercising these rights. Plaintiff further claims that Defendant discriminated against her based on race/ethnic origin (Filipino), and terminated her in violation of public policy. Plaintiff seeks COMPENSATORY and PUNITIVE DAMAGES, along with injunctive relief.
9. RUBY DE VERA, a Filipino American, had been employed with the CITY OF LOS ANGELES for approximately 10 years, working most recently for Councilmember Ed Reyes (District 1) as an Office Manager (Council Aide II) from 2001 until November 13, 2005.
10. Throughout her employment with the CITY, Plaintiff had always performed her duties competently, received favorable performance evaluations, and maintained an unblemished work history.
11. Plaintiff took great pride in her job and had such devotion to the CITY and the people she served that she decided to run for an open Council Member seat in District 14 in the November, 2005 elections. Plaintiff was a qualified candidate in the light of the tireless work that she had devoted to the community making up District 14, including working on various transportation projects to benefit the community, organizing various recreation events for the community, in addition to assisting with projects to improve the quality of life for the disabled and homeless in the community.
12. Plaintiff was also an idea candidate for the open Council Memeber seat since she was actively involved in the Filipino community, an ethnic group well-represented in District 14. For the past 25 years, Plaintiff served as President, Vice-President and/or Board Member of various Filipino organizations.
13. After making the decision to run for Council Member, Plaintiff informed her supervisos, REYES. REYES responded negatively and was not supportive of Palintiff's decision. REYES told Plaintiff that before running for office, she needed to speak to Jose Huizar, the candidate whom REYES was endorsing for the open seat. Based on REYES' words and conduct, Plaintiff felt that he was trying to discourage her from running for office. Plaintiff followed REYES instructions and met with Mr. Huizar, who told her that he did not oppose her candidacy.
14. In her campaing, Plaintiff gained strong community support, numerous public endorsements, and was able to raise substantial financial support for her campaign. [ZD FOUND ABOUT $60.000 on the ethics site. Could be more, though.]
Her efforts led to a respectable 3rd place finish out of a pool of 12 candidates who ran. Mr. Huizar was the winning candidate and elected CM for Distict 14.
15. On November 14, 2005, just a week after the election, Plaintiff returned to work only to be fired by REYES TRUMP for being "an embarrassment to [him]." Plaintiff was terminated not only because of her political activities and affiliations, but also because of her race (Filipino). Defendants treated non-Filipinos more favorably by, among others, paying them higher salaries despite holding the same or less senior position than Plaintiff. Plaintiff was also terminated becasue she was a visible and vocal member of the Filipino community, and was involved with various activites which supported the FIlipino community.
FIRST CAUSE OF ACTION
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VIOLATION OF LABOR CODE SECTION 1101
(Against CITY and DOES 1-100)
17. By the acts and omissions alleged, Defendants violated California Labor Code secction 1101 by controlling or directing, or tending to contol or direct the political activities or affiliations of Plaintiff. By terminating Plaintiff from REYES' office, Defendants further violated California Labor Code section 1101 by tarnishing her reputation and stellar work history, which in essence, prevents Plaintiff from engaging or participating in politics or becoming a candidate for public office in the future.
18. (Therefore) Plaintiff has suffered and will continue to suffer damages in an amount within the jurisdiction of this court, the exact amount to be proven at trial. Such damages include:
a. loss of salary and other valuable employee benefits;
b. prejudgment interest on the sum of damages at the legal rate; and
c. other consequential damages, including damages for shame, humiliation, mental anguish and emotional distress caused by the conduct of Defendants.
19. Plaintiff's professional reputation has been severely damaged, Plaintiff's chances for advancement with the CITY has been severely damaged, and Plaintiff's chances of successfully running for public office has been severely damaged. [ZD SAYS, "$$$, $$$, $$$.]
BUT WAIT, THERE'S MORE...
SECOND CAUSE OF ACTION
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VIOLATION OF LABOR CODE SECTION 1102
20. Coercing or influencing or attempting to coerce or influence Plaintiff to adopt or follow or refrain from adopting or following a particular course or line of political action or political activity.
22. as a direct and proximate result of Defendants' violation of Labor Code section 1102, Plaintiff has suffered and will continue to suffer damages in am amout within the jurisdiction of this court, the exact amount to be proven at trial.
(TO SAVE TIME TO GET THE STORY OUT, THEY ARE SAME AS 18.)
23. See 19.
25. Discrimination on basis of race/ethnic origin (Filipino). ("Favorability" complaint as described as above.)
30. In doing the acts alleged herin this Complaint, the Defendants, and each of them, acted with deliberate indifference to the rights of Plaintiff, and retailiated against Plaintiff for her excercise of her rights under the First Amendement of the United State Constitution. Plaintif was engaged in the exercise of her rights of free speech and political expression and had a lawful expectation that she would not be retaliated against for the exercise of those rights.
32. REYES was authorized to, and did, act as a policymaker for the CITY.
33. At all times relevant, the CITY authorized and/or ratified the retalitory and discriminatory conduct of Defendant REYES and its other employees and agents against Plaintiff.
35. Defendants discriminated against Plaintiff and terminated her employment from REYES' office on the basis of her political activities and affiliation, and to prevent her from running for public office.
36. Defendants deprived Plaintiff of her right to due process b firing her from REYES' office for arbitrary reasons, and without just casue, and for retailiating against her for her political affiliation and political activities.
40. Further, because the wrongful acts against Plaintiff were carried out with malice, oppression or fraud, or were deliberate, wilful and in conscious disregard of the probability of causing injury to Plaintiff, as demonstrated by their actions and as described earlier in this Complaint, Plaintiff seeks punitive damages against Defendant REYES and DOES 1-100, in order to deter them from such and similar conduct in the future.
WHEREFORE, PLAINTIFF RUBY DE VERA, THAT SWEET, SWEET HARD WORKING COMMUNITY LEADER, PRAYS FOR JUDGMENT AGAINST DEFENDANTS, AND EACH OF THEM, AS FOLLOW
A. For economic damages according to proof;
B. For general, special and incidental damages and amounts for emotional distress according to proof;
C. For (nothing puny about these) punitive damages in an amount approximate to punish Defendant REYES for his wrongful condust and set an example for others (Sounds like way more money than dog food);
D. For prejudgment interest and interest on the sum of damages awarded to the maximum extent permitted by law. (Oh no, Matt Dowd, did you use THAT one???)
E. For an injunction against discriminatiry and retaliatory preactices in the future;
F. Creation of a Court supervised policy against discriminatory and retailatory practices;
G. Imposition of periodic reporting requirements on the Company;
H. For reasonable attorneys' fees pursuant to...and all and any other applicable laws and statutes;
I. For costs of suit herin incurred; and
J. Ofr such other and further relief as the Court deems proper.
Dated: September 29, 2006
ZUMA DOGG CAN ADD THAT THIS CASE HAS ALREADY BEEN DISCUSSED BY LOS ANGELES CITY COUNCIL DURING CLOSED SESSION BUDGET MEETINGS. PROBABLY TO FIGURE OUT HOW MUCH THEY THINK THEY NEED TO SET ASIDE FOR A SETTLEMENT. AND, ZUMA DOGG HAS THE PAPERWORK REQUESTING OUTSIDE COUNSEL FOR CM REYES. (Have not seen the paperwork come through for that yet, though. So watch for that closed door session meeting coming soon to a quorum near you.)
Plus, I have the City Attorney's response, from the case as well, and will follow up with that tommorow.
If you are reading my blog for the first time, my name is Zuma Dogg. Take a look around my blog and you can get all my contact info and find out more about me at www.zumatimes.com. email: zumadogg@gmail.com. 310-928-7544.
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