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Court awards firm client attorneys fees for having to defend frivolous claims
Nohemi Ferguson and Robert Petersen convinced a jury that there was no merit to the employment discrimination claims brought by twin brothers who were Los Angeles County deputy sheriffs. They then convinced the trial judge that the claims were so lacking in merit that the County of Los Angeles was entitled to recover its costs of defense from the plaintiffs. In awarding the County $333,684 in fees, Los Angeles Superior Court Judge John Shook wrote: "The Court finds that after hearing the totality of the evidence, the claim was frivolous and the jury agreed with that assessment as it returned a verdict in less than three hours." Wade v. County of Los Angeles, Case No. BC394379 (L.A. Superior Ct. Jul. 28, 2010). Read Judge Shook's decision.
Trial judge and jury reject claims by developmentally disabled adult who was wrongfully arrested
Calvin House and Amy Osborne defended the County of Los Angeles and employees in the Sheriff's Department, Department of Mental Health and Public Defender's Office against claims that they were responsible for the wrongful incarceration of developmentally disabled man who was arrested by the Los Angeles Police Department on a warrant for another person. The trial judge dismissed the claim against the deputy public defender because the plaintiff did not file a tort claim on time, and the claims against the other employees because they only dealt with the plaintiff after he was sentenced by a judge. The jury rejected the claims against the County for wrongful incarceration because there was no proof the Sheriff's Department did anything wrong. Morales-Hernandez v. City of Los Angeles, et al., Case No. BC376301 (L.A. Superior Ct. Sep. 29, 2010). Read Judge Palazuelos's decision on the nonsuit, and the judgment on the jury verdict.
Court of Appeal affirms summary judgment in discrimination case
The Second District Court of Appeal has affirmed the Los Angeles Superior Court's grant of summary judgment in a case alleging discrimination, retaliation, defamation and harassment, and its award of $73,734 in attorney fees for having filed a frivolous action. The Court agreed with our argument that there was no evidence to support any of the plaintiff's claims. This was the plaintiff's third unsuccessful attempt attempt to sue his employer. Nohemi Ferguson and Robert Petersen wrote the motions in the Superior Court. Calvin House handled the appeal. Addison v. County of Los Angeles, Case No. B 201007 (Cal. Ct. App. Nov. 3, 2008).
Preciado and House join ABOTA ranks
Firm partners Art Preciado and Calvin House have been elected to membership in the prestigious American Board of Trial Advocates. The organization's mission is "to foster improvement in the ethical and technical standards of practice in the field of advocacy to the end that individual litigants may receive more effective representation and the general public be benefited by more efficient administration of justice consistent with time-tested and traditional principles of litigation." More information about ABOTA is available at its website -- http://www.abota.org.
Defense Verdict in Religious Discrimination Case
A Los Angeles federal court jury found the Los Angeles County Department of Children and Family Services not liable for religious discrimination and failure to accommodate religious beliefs in a case brought by an MSW student serving as a social work intern at the department. The intern had told a Department supervisor that she could not be neutral on issues of abortion and sexual orientation. After the Department terminated her internship, the intern sued, claiming that the Department had violated her First Amendment rights and Title VII. Calvin House and Eugene Kim handled the case for the Department. Escobar v. Los Angeles County Department of Children and Family Services, Case No. CV 06-00918 RGK (United States District Court for the Central District of California, April 2007).
Firm prevails in FEHA retaliation lawsuit in Superior Court
A Los Angeles Superior Court jury unanimously rejected claims by a former Department of Public Social Services employee who argued that he had not been reinstated because of his involvement in a sexual harassment investigation of a Department manager. The Department had discharged the employee for misconduct, but the Civil Service Commission ordered him reinstated. When the employee did not respond to three written requests that he return to work, the Department deemed him to have abandoned his job, and refused to reinstate him when he showed up eight months later. He claimed that the Department sent the return to work requests to the wrong address, and that the Department's action was retaliation for his participation in the sexual harassment investigation several years earlier. Calvin House and Ann Wu handled the case for the Department. Sandoval v. Los Angeles County DPSS, Case No. BC345719 (Los Angeles Superior Court, March 2007). The Court of Appeal affirmed the verdict in a published decision.