While I’m waiting for documents from the current case against Michael Govia, Kenn Todd, Lisa Vanderpump, and Blanca LLC, let’s review a previous case that didn’t get much media attention back in 2012. In that case, a Villa Blanca dishwasher named Ricardo Velasco sued Blanca LLC, Ken Todd and Lisa Vanderpump for breach of faith of covenant of good faith and fair dealing, disability discrimination, failure to provide reasonable accommodation, failure to engage in good faith interactive practices (specifically by acting with malice and oppression), wrongful termination, retaliation, willful failure to pay wages, and violation of business and professions code. For those counting, that’s a total of eight causes of action. His attorney asked for general, specific and punitive damages, attorney fees, his job back, and other restitution.
Eventually, I believe Ken Todd and Lisa Vanderpump were dropped from the list of defendants because Villa Blanca is capable of paying the damages under some California “alter ego” law.
Okay, in order to count this you will run out of fingers and toes, so I will tell you the total number of defenses to the charges at the end.
Villa Blanca attorney fired back with a document denying any wrong doing, said the statute of limitations had expired, claimed that all internal procedures to mediate had not been exhausted, claimed Velasco was negligent and at least partially at fault, claimed he waited too long to file which will cause them hardship in their defense, claimed that Velasco somehow ratified the termination decision (perhaps he signed something regarding his termination?), claimed he waived his rights, claimed he knew what he was doing, claimed he could have done something else, claimed he’s going to get workman’s comp, claimed he signed a release, claimed their actions were justified, claimed he doesn’t have enough proof, claimed they didn’t do anything wrong so they are not liable, (Muttered why is this happening to us? Okay I made the muttering up.) claimed they didn’t do anything, it wasn’t us, he can’t prove it, claimed he’s not following the law, claimed he can’t get paid twice for the same injury, claimed they could not accommodate the disability because it would be too costly and burdensome, claimed whatever they did was justified, claimed even if he would have been accommodated he still could not perform his duties, claimed he was a terrible employee, claimed they could not pay him because he was absent from work and refused to accept wages, claimed they thought they were following the law, claimed Workers Compensation is going to pay him anyway (didn’t they already say that?), and they reserve the right to come up with another defense later on. In all they listed THIRTY-TWO defenses. Many of them in my opinion were contradictory. It appeared to me it was a long list of “we didn’t do anything wrong and if we did he agreed to it” protestations. I get this is what they pay their fancypants lawyers the big bucks for, but to this FAKE INTERNET ATTORNEY with absolutely no legal training, it just looks like the lady doth protest too much. That is just my observations and opinions from the public record that I read.
The basis of the claim as I understand it is that after a year an a half or so of employment with Villa Blanca, Velasco hurt his back lifting something at work. He immediately was allowed to go see a doctor. The next day he returned with restrictions and further injured his back and saw the doctor again who put him on short-term disability. According to the document, Velasco took his disability notices to his supervisor, Andrew Morrison that same day and his employment was terminated. Ooopsy. That’s illegal. Villa Blanca says he walked off the job when he hurt his back.
Velasco was making $301.50 a week at the time of termination. He is seeking back pay in the amount of $4.654.40 as well as $20,000 for pain and suffering and $5o,000 in punitive damages. Grand total, $74,654.40 plus attorney fees.
So, they prepared for a jury trial. Villa Blanca subpoenaed the dude’s medical records, his Worker’s Comp deposition, and his work records from Roscoe’s Chicken and Waffles! And some other stuff. But really?
Velasco submits his list of witnesses, it appears they are all employees of Villa Blanca included Andrew Morrison (who I believe is no longer working there) and Andrew Govia! Things that make you go hmmmmmm?
The trial was set for July 8, 2013! Because that is the date the Bible predetermined for housewives to go to court. It’s practically a national holiday now. Four days were allotted for the trial.
Over a year after the case was filed a settlement was reached. The dollar amount was not made public. Incidentally, the judge for this case is the same judge presiding over the current case with Bustillos; however, both are jury trials. I will be breaking down the details of that case as soon as I have them available. It may take a while, I understand that it was an extensive trial.
Meanwhile, I just remembered last year someone sued Ken and Lisa claiming that they got the space for P.U.M.P. through some nefarious means by cutting the person who was supposed to get the lease off from their financial backers. I think Lisa and Ken won that case, or the other party got tired of fighting it. At the time I was blinded by the Vanderpump. I tried to look back to see if I posted about it but searching for “pump” brings up every post about Lisa, and there are too many to go through. Now I am giving everything the side eye.