The City Attorney’s Office is seeking dismissal of most claims in a lawsuit brought by a longtime Los Angeles police officer who alleges he has repeatedly been denied promotions due to his age and Latino ethnicity, saying the plaintiff’s claims “suffer from uncertainty due to vague allegations.”
In his Los Angeles Superior Court complaint brought against the city, former Police Chief Michel Moore, Cmdr. Ahmad Zarekani, and other members of LAPD management, Officer Michael Anthony Estrada alleges that he applied to be a senior lead officer four times from 2019-23. He contends he was denied the promotion on each occasion and told only that the selection process is very competitive.
“Nonetheless, it is known in the LAPD that Cmdr. Zarekani does not want to fill the position with anyone with over 20 years of service in the LAPD and/or with a Hispanic person (but instead) Zarekani only wanted to fill the position with a Black person,” the suit states.
But in court papers filed Wednesday with Judge Robert B. Broadbelt, the City Attorney’s Office states that all of Estrada’s causes of action “suffer from uncertainty due to vague allegations” and that his pleadings fail to meet the standard required when filing suit against a government agency.
Additionally, the law recognizes a cause of action for race, age or gender harassment only if the employee can demonstrate repeated, routine acts so severe or pervasive as to create an abusive environment for any reasonable person belonging to plaintiff*s protected group, the City Attorney’s Office further maintains in its court papers.
The City Attorney’s Office is asking for dismissal of nine of Estrada’s 15 causes of action, including failure to promote as well as multiple alleged violations of the state Labor Code. A hearing is scheduled Aug. 15.
Estrada was hired in March 1999. In his suit filed Jan. 23, Estrada also alleges that he was not compensated for all the hours he worked and should have been paid double-time. He also maintains he was not given second meal breaks even though he worked a 12-hour shift and that he was routinely not provided itemized wage statements accurately reflecting his hours worked.