John L. Barber
ORANGE COUNTY — An Orange County court has overturned a jury verdict granting nearly $3 million to a former Santa Ana Police Department employee who said she was subjected to repeated acts of retaliation on the job.
Judge Nathan Vu issued his opinion on April 10, concluding that while there may have been problems with competing cliques within the department, the Jan. 22 jury verdict favoring plaintiff Rita Ramirez, a former police administrative manager, was not supported by adequate evidence.
In a news release following the court decision, the city noted that the court concluded Ramirez’s allegations of adverse employment actions began before any of her legally protected conduct and consequently weakened her retaliation claims.
“She never claimed sexual harassment or gender discrimination,” the city reported. “During the trial, Rita Ramirez testified she was treated with respect by her colleagues.”
The city also indicated that though Vu’s ruling was encouraging, Santa Ana is continuing to defend itself in other litigation by the same attorneys handling the Ramirez case. The city suggested it has been the target of a pattern of litigation.
Attorney John L. Barber, whose law firm represented Ramirez, told the Southern California Record that it would appeal Vu’s decision and seek a reinstatement of the jury’s verdict.
“We believe the decision of the unanimous jury (who spent many weeks listening to the evidence) was correct and was supported by substantial evidence,” Barber said in an email. “We disagree with the court’s ruling to disregard the jury’s verdict as it appears contrary to the overwhelming facts presented at trial and the relevant law.”
Santa Ana’s city attorney, Sonia Carvalho, however, defended the court’s ruling as a thorough review of the evidence and an affirmation of the city’s legal position.
“We are pleased with the outcome and remain fully prepared to defend the city’s interests in any further proceedings, including the additional matters still pending,” Carvalho said in a prepared statement.
The jurors found that the city had engaged in retaliation in violation of a section of the state Labor Code, Fair Employment and Housing Act (FEHA) and a failure to prevent retaliation under the FEHA. The jury also granted Ramirez a damages award of just over $2.9 million, including past economic damages of nearly $380,000, future economic damages of nearly $950,000 and noneconomic damages of $1.575 million.
The jury award included attorneys’ fees and legal costs as well, but the city said in its statement that the plaintiff would receive no compensation as a result of this month’s ruling. Vu’s decision allows the city to recover certain fees and costs from Ramirez, according to the city.
Ramirez sued the city in 2022 after she was terminated from her management position for allegedly refusing to take sides as competing groups in the department – headed by a former police chief and a police union president – struggled for power. The former police chief engaged in “gang-like loyalty tests,” according to Ramirez’s original complaint.
The plaintiff later voluntarily dismissed her initial claims of discrimination and workplace harassment.
The city said it was committed to “transparency, accountability and the fair treatment of all employees.”
