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Defendant objected to the release of their balance sheets and profit and loss statements. Borrayo requested the financial records of Defendant to verify whether an economic business necessity existed to justify her termination. In order to sustain her burden of proof on the 132a claim, especially with regard to the issue of “disparate treatment,” Ms. Borrayo’s lay off was not in retaliation for her filing of a workers’ compensation claim. Defendant explained they needed to cut costs in order to stay competitive as a result of a global economic downturn. Borrayo was told that her termination was necessary due to the company’s financial constraints. The WCAB in Borrayo stated, “In general, discovery is permissible if the requested information is “not privileged,” “is relevant to the subject matter involved in the pending action,” and “appears reasonably calculated to lead to the discovery of admissible evidence. Financial Documents - Privilege Rights v.
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The Workers’ Compensation Appeals Board (WCAB) also affirmed the judge’s Protective Order, so that the documents that were ordered produced would not be available to anyone outside the scope of this litigation. The WCAB balanced the interests of both parties and determined that many of the documents requested by Applicant would be ordered produced, but that many of the documents requested would be exempt from that order. Defendant claimed that the documents were privileged, so the judge conducted an in camera review and then ordered that the Defendant should release the documents pursuant to Applicant’s Motion to Produce.ĭefendant filed a Petition for Removal arguing that the documents in question were privileged and were protected by a constitutional right to privacy. On June 1, 2011, Applicant issued a Notice of Deposition for the Person Most Knowledgeable (PMK) at Tobar Industries, along with a Request for Production of Documents. Borrayo’s attorney designed a very comprehensive discovery plan. To sustain her burden of proving her case for discrimination under LC §132a, Ms. What Constitutes Allowable Discovery to Prove a LC § 132a Claim? Borrayo filed a LC §132a claim, alleging that she had been fired because she had filed a workers’ compensation claim. Tobar Industries terminated her employment on January 28, 2009, claiming economic business necessity. LEXIS 10, Lisa Borrayo was working for Tobar Industries, when she sustained a cumulative trauma to her arms & neck ending on January 1, 2007. Tobar Industries, The Hartford Insurance, 2012 Cal. That's not the kind of mess a JDB typically wants to get subscribers can link to the cases, statutes, and other cites below. The alleged 7K might be a quite larger than the 1K award for a FDCPA violation, but the JDB would also have to consider attorney fees on both sides in a potential lawsuit (I believe they would be on the hook for your attorney fees if you prevail). If they can confirm it's an FDCPA violation, that would be good leverage IMO. I think you should definitely reach out to a few consumer attorneys to ask about this. The one thing to note is that it does say they can sue you in the district where the "contract was 1) did you live in LA County when you signed up for the card?Ģ) (and I'm not sure about this angle) if you did, would they be able to prove you signed up for it in LA County?
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Also that it doesn't matter where lived at time of default. To me, it seems the mere act of filing in the wrong judicial district is a violation regardless of whether or not plaintiff did so intentionally or mistakenly. What the FDCPA says regarding venue below.