A recent court filing has brought to light a contentious legal battle involving allegations of whistleblower retaliation and employment discrimination. On September 26, 2024, Alberto Vargas and Pablo Orduno filed a complaint against the City of Long Beach in the Court of Appeal of the State of California, Second Appellate District. The case centers around claims that the city wrongfully terminated their employment as police officers in retaliation for engaging in protected activities under California's Fair Employment and Housing Act (FEHA) and Labor Code section 1102.5.
Alberto Vargas and Pablo Orduno, both former police officers with the City of Long Beach, have a history of litigation against their former employer. Vargas began his tenure with the city in 1994, while Orduno joined in 1999. Over the years, Vargas filed multiple lawsuits against the city alleging violations under FEHA, with cases dating back to 1997. In 2014 and 2015, both Vargas and Orduno sued the city for FEHA and Labor Code violations; however, these cases were resolved against them via summary judgment. Their most recent legal action was initiated on March 28, 2017, when Vargas filed another lawsuit for retaliation under FEHA.
The core issue arose from an internal affairs investigation launched by the City of Long Beach on April 18, 2016—just days after a trial court ruling favored the city in a consolidated action involving Vargas and Orduno. The investigation focused on allegations that both officers had made untruthful statements during verified written discovery responses related to their claims. For instance, Vargas was accused of falsely asserting that he had been selected for acting sergeant roles before complaining about comments made by Lieutenant Christopher Klein. Similarly, Orduno faced allegations concerning false statements about his experiences during traffic stops after being required to wear an audio recorder.
The city's decision-makers sustained these allegations against both officers. Consequently, on May 23, 2017, they were dismissed from their positions as police officers. In response to these actions, Vargas and Orduno filed a new complaint on September 18, 2017. They claimed that their terminations were retaliatory acts by the city due to their previous lawsuits and testimonies supporting each other in those litigations.
In defense against these accusations, the City of Long Beach argued that there was no merit to the claims under FEHA or section 1102.5 because neither officer could demonstrate engagement in protected activities or establish a causal link between such activities and their termination. The city maintained that it had legitimate reasons for terminating both officers based solely on findings from its internal affairs investigation regarding untruthfulness.
The plaintiffs sought relief through this complaint by requesting recognition of wrongful termination due to retaliation for engaging in legally protected activities under FEHA and whistleblower protections provided by section 1102.5.
Representing Alberto Vargas and Pablo Orduno are attorneys Gregory W. Smith from Law Office of Gregory W. Smith along with Diana Wang Wells from Benedon & Serlin including Douglas G Benedon & Judith E Posner; while Samantha Lamm represents Rutan & Tucker defending City Of Long Beach at Los Angeles County Superior Court presided over Judge Holly J Fujie having Case ID BC675610