In September 2009, plaintiff, James Abbate, a police sergeant in his 50s who was a 28-year veteran of the city of Los Angeles Police Department, became the subject of two neglect-of-duty complaints, including an alleged failure to quickly send a squad car to the Getty Center-Malibu and an alleged failure to take a domestic violence complaint. He claimed that after he reported violations of a superior, Captain Ruben De La Torre, he was subjected to retaliation in the form of neglect-of-duty complaints. Abbate sued his employer, the city of Los Angeles, alleging retaliation. Abbate claimed that between March 2009 and January 2010, De La Torre, who worked in the LAPD’s media relations office before being promoted to captain of the West Los Angeles Division, evaded highways tolls between Inland Empire, where he resided, and West Los Angeles. He also claimed that De La Torre tried to cover up by the evasions by disguising his license plates with another one. In addition, he claimed that De La Torre lied to LAPD investigators about the alleged misconduct. Plaintiff’s counsel noted that De La Torre ultimately resigned in 2011 in the midst of an LAPD internal affairs probe into the matter. Plaintiff’s counsel contended that he while De La Torre was allegedly evading tolls, Abbate reported his concerns about the captain’s actions to his superiors. However, Abbate claimed that the captain’s conduct was not addressed. Instead, he claimed that even though he had no history of prior personnel complaints, he became the subject of two neglect-of-duty complaints after he reported to his superiors his concerns about De La Torre. Further, Abbate alleged that he was cleared of any wrongdoing in the domestic violence complaint, but that De La Torre changed those findings to sustain the complaints against him. Defense counsel contended that in mid-July 2009, Abbate received a call from an officer, who stated that he noticed signs of domestic abuse with his ex-girlfriend, and which she confirmed. However, the officer claimed that Abbate questioned the officer’s motives, refused to take a report and told the officer that there was nothing he could do. Thus, defense counsel contended that a personnel complaint was initiated against Abbate, but that the investigation was concluded in June 2010. Counsel also contended that, in regard to the Getty Center-Malibu matter, Abbate received a call from security at the Getty Villa requesting service due to a neighbor dispute. However, counsel contended that Abbate disputed that the Villa was actually in his jurisdiction and told the security officers to call the Los Angeles County Sheriffs for service. Counsel further contended that several calls later, Abbate finally agreed to dispatch a car to the area, but dispatched the car through the Department’s Communications Division on a “no-priority call.” As a result, De La Torre initiated a personnel complaint against Abbate, but that the investigation into this complaint was concluded in August 2010. Defense counsel argued that Abbate never explained to the jury why he didn’t prepare a personnel complaint about the serious misconduct by De La Torre after he became aware of it, and noted that Abbate admitted to wanting someone above him to be responsible even though this was one of his duties. Defense counsel asserted that the penalty against Abbate on the domestic violence complaint was a Conditional Official Reprimand, which states that similar conduct within five years would result in an automatic 10-day suspension without pay. Counsel further asserted that the penalty against Abbate on the Getty Villa neighbor dispute was an admonition. Thus, defense counsel argued that Abbate was properly punished for the two neglect-of-duty charges. Counsel further noted that Abbate did not lose pay, pay grade, rank or suffer anything other than being the subject of discipline in what was otherwise a fairly unblemished history over 29 years with the LAPD. In addition, defense counsel argued that Abbate’s “reporting of De La Torre’s identity” was not a disclosure under California Labor Code § 1102.5 and, therefore, did not satisfy the statute’s requirements., Abbate claimed that he suffered emotional distress as a result of De La Torre’s actions against him. He alleged that the meeting he had with De La Torre, in which he was disciplined, was the “end of his career” and that as a result, he entered into a special early retirement program for firefighter and police officers in which he is paid his salary and collects his pension for up to five years. He also claimed that he wanted to be a lieutenant before he retired, but knew he’d not be able to overcome the discipline. Thus, Abbate sought recovery of damages for his loss of earnings due to the early retirement and sought recovery of emotional distress damages. Defense counsel noted that Abbate never applied to take the civil service examination for lieutenant. Counsel also argued that Abbate did not suffer any damages since he did not lose pay, pay grade, rank or suffer anything other than being the subject of discipline.