In 2008, plaintiff Daniel Garcia, 51, a Detective II with the Major Crimes Division of the Los Angeles Police Department, was not selected for promotion. He claimed that he was denied a promotion because he had previously filed a discrimination lawsuit in 2006. He claimed he was again denied a promotion in 2011 as a result of the previous discrimination claim. Garcia sued the city of Los Angeles and the Los Angeles Police Department, alleging the defendants’ actions constituted retaliation. Garcia noted that he previously filed a lawsuit for disability and racial discrimination in 2006, and that he was out on medical leave until 2007. He claimed that when his 2006 lawsuit was dismissed, and he returned to work in late 2007, he felt everyone was treating him differently because they knew of the lawsuit. He also claimed that his new supervisor told someone (in reference to Garcia), “Take your Puerto Rican brother with you to the South Bay.” As a result, Garcia filed a complaint, alleging a violation of the California Fair Employment and Housing Act. The city maintained that Garcia’s non-selection for promotion in the two interviews he attended in 2008 was based on a legitimate non-retaliatory reason: many other candidates scored much higher than Garcia, and there was no evidence the panel members were aware of Garcia’s protected activity or otherwise harbored retaliatory animus. The city also maintained that Garcia was never offered, or even interviewed for, a position by LAPD Command Staff in 2011. Defense counsel contended that Garcia lacked evidence of any interview panel member considering, or caring about, the fact that he had previously filed a lawsuit and previously complained about his supervisor. Counsel also contended that none of the persons involved in the prior lawsuits and complaints were decision-makers on the interview panels and, therefore, there was no causal link between the protected activity and the adverse employment actions. In addition, defense counsel contended that Garcia never heard the alleged remark from his new supervisor nor did he ask the supervisor if that remark was actually said., Garcia claimed economic losses between $113,000 and $460,000 for failure to promote in 2008 and denying him another job opportunity that he was entitled to in 2011. He also sought recovery of between $3 million to $5 million in damages for his pain and suffering due to his emotional distress.