The city argued Allen was fired for lying during a previous investigation into the robbery, but he contends he withheld the information out of fear after receiving threats by his colleagues and superiors to keep quiet about what he saw, according to Los Angeles County Superior Court records.
The city in March had submitted a motion to dismiss the lawsuit under a state law that protects the rights of employees to participate in free speech, arguing that Allen is trying to hold the city liable for an internal investigation — which is protected under law — that resulted in his firing.
But Los Angeles County Superior Court Judge Donna Fields Goldstein said Wednesday that the city presented a “persuasive argument,” but that ultimately she was not convinced.
“I don’t think you’ve reached the threshold that this impacts the city’s rights,” Fields Goldstein said in court.
The next court date is slated for June 17, during which Allen’s attorney, Brian Claypool, plans to request a trial date.
Claypool said he also plans to go after attorney’s fees by asking a judge to deem the city’s motion to dismiss the case as being “frivolous.”
-- Alene Tchekmedyian, firstname.lastname@example.org
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