Government
Jul. 25, 2002
DA Who Lost Her Bias Suit Must Pay Fees
LOS ANGELES - A sexual harassment lawsuit against the Los Angeles County district attorney's office backfired when a judge ordered the prosecutor who initiated the case to pay the county $111,562 in attorney fees.
Superior Court Judge Robert Parkin ruled Monday that Denise Moehlman, whose case was dismissed in midtrial, had "made a sham of the proceedings" and had wasted the time of high-ranking officials, including former District Attorney Gil Garcetti, according to news reports. Moehlman v. County of Los Angeles, BC166764 (L.A. Super. Ct., filed Feb. 28, 1997).
Moehlman had claimed she was sexually harassed several times, including one incident about a decade ago in which a co-worker allegedly exposed himself to her. After she complained, she received poor performance ratings and has not been promoted for seven years, the suit contended.
But after Moehlman presented her side of the case, the judge granted the county's motion for nonsuit, according to the county's outside counsel, Denise Melby.
"It's a very unusual thing for the defense to receive fees in a case like this," Melby said. "You must not only win the case, but you have to prove that the case by the plaintiff was frivolous."
Moehlman, who works in the Airport Courthouse, said Tuesday she plans to appeal. Parkin also ordered Moehlman to pay $15,000 in costs.
Melby of Sonnenschein, Nath & Rosenthal said the fees are not excessive and are for just the trial portion of the case.
But Moehlman said that the district attorney's office offered to drop the fees altogether if she quit her job.
In an April letter discussing a settlement with Moehlman, Melby indicated that the county would delay its motion for attorney fees until after "you physically separate from the Office of the District Attorney for the County of Los Angeles."
Melby declined to comment on the letter because it was part of confidential discussions with Moehlman.
"I'd like to set the record straight, but I'm not at liberty to discuss it," Melby said.
Moehlman, who has worked for the district attorney's office for 14 years, declined to disclose her annual salary, but she said she makes two-thirds less than a Grade 4 attorney makes. The Grade 4 salary runs as high as $10,531 a month, the district attorney's office said.
Moehlman, who represented herself and testified during the trial, says that Parkin was unable to be fair and impartial because he was a former presiding judge. She also claims his ruling that the county was immune from the case is incorrect.
"It's a wrong ruling," she said. "You can't be immune from sexual harassment and retaliation because they are intentional acts."
But Melby said Parkin dropped the case because it was baseless, not because of immunity.
"There was a finding of immunity...[but] it was only one of three separate grounds for the granting of our motion for nonsuit after the plaintiff put on her case," Melby said. "It was made quite clear [Monday] that Ms. Moehlman's case was dismissed on merits."
Leslie Simmons
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