A former food worker for a temporary staffing company took pregnancy leave, and when she returned for reassignment, she completed an I-9, falsifying her social security and resident alien numbers. The company complied with federal law by not reinstating her, and she turned around and sued for wrongful termination and pregnancy discrimination. Before beginning any substantive work on the matter, CDF sent a written demand to Plaintiff’s counsel to dismiss the entire action. After Plaintiff’s counsel refused, CDF propounded contention discovery, and when Plaintiff asserted her fifth amendment privilege against self-incrimination and refused to appear for her deposition, CDF took action causing Plaintiff to withdraw the privilege and to appear for her deposition during which she admitted that she had falsified her social security and resident alien numbers. CDF demanded that the action be dismissed again, but Plaintiff’s counsel refused to do so. CDF then filed a MSJ based on the unclean hands and after-acquired evidence doctrines and based on plaintiff’s inability to prove any of her claims. CDF also served a sanctions motion seeking all fees incurred against Plaintiff and/or her counsel. Counsel tried to withdraw, but was unable to do so. Four court days before the MSJ hearing and only three court days before the sanctions motion was set to be filed, Plaintiff’s counsel dismissed the entire action with prejudice.
Superior Court of California, Los Angeles County