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Cabrera v Popchips, Los Angeles County Superior Court Case Number BC597293.
From the court of appeals decision and online records it is Lawzilla's understanding the following occurred:
Attorney Robert Tafoya and his law firm Tafoya and Garcia represented the plaintiff in an employment discrimination lawsuit against Popchips.
Tafoya also represented the plaintiff in the appeal.
Attorney Tafoya's client claimed, among other things, that she had a disability and needed medical treatment and disability leave, but upon returning to work she was improperly terminated.
The case went to trial.
A jury found the plaintiff did not have a physical condition limiting her major life activities. Further, the jury found there was no improper reason motivating her termination.
Judgment was found for Popchips and against Robert Tafoya, Esq.'s client.
Popchips then sought sanctions on the ground the lawsuit was frivolous. The company argued:
"frivolous claims driven by an attorney who did not conduct his mandatory due diligence before signing and filing the Complaint, who had no objectively reasonable basis to believe the merits of the case, who ignored the repeated evidence of the frivolity of the case and Ms. Cabrera’s deceit, and who push[ed] on with scorched-Earth litigation tactics to dramatically and unnecessarily increase the costs of litigation in hopes of extorting a settlement from Defendants."
Defendant claims a doctor was called to testify about plaintiff's claimed medical issues, but the doctor was a convicted felon who never reviewed plaintiff's medical file or treated her.
The judge ruled plaintiff had no disability and her claim was "completely concocted".
The judge also said the "defrocked" doctor who testified never examined plaintiff and had no ability to diagnose her as having a disability.
The judge then imposed sanctions of $36,037.54 against attorney Robert Tafoya, his law firm Tafoya and Garcia, and their client.
The court also ordered plaintiff to pay Popchips and additional $18,524.13 in costs.
A unanimous court of appeal affirmed the order awarding sanctions against Robert Tafoya, his law firm and client.
Popchips was also awarded its costs for the appeal.
It is Lawzilla's understanding sanctions of $36,037.54 for filing a frivolous lawsuit are required to be reported to the California State Bar per Business and Professions Code section 6068(o)(3).
Section 6068(c) prohibits an attorney from pursuing a frivolous claim in court.
Similarly, Rule 3.1 of the California Rules of Professional Conduct for attorneys prohibit an attorney from pursuing a claim that does not have merit.
Violations can subject an attorney to Bar discipline, including possible suspension or disbarment.
Our interpretation of what we read in the court of appeals decision about what happened is that the plaintiff concocted a disability claim to sue her former employer. Attorney Robert Tafoya knew there was no merit to the claim but aggressively pursued it anyway to the extent defendant claimed there was an attempt to extort a settlement. At trial a defrocked doctor who was also a convicted felon and who never saw the plaintiff was used to say the plaintiff was disabled - but he had no basis for this conclusion.
What we read was shocking.
By itself, we are not impressed with a defendant alleging claims were frivolous. That is common.
A judge saying a claim was concocted is not common.
Further, the "doctor" Tafoya's firm somehow found and used said volumes to us. A doctor beyond reproach, who actually diagnosed the plaintiff, could not be found to say she had a disability?
Based on this ruling, and the possibility Tafoya may be suspended from practicing law or disbarred at some point, would you hire Robert Tafoya as an attorney?
Do you think the City of Baldwin Park should continue to retain Robert Tafoya as the city attorney?
Robert Tafoya was admitted to the California Bar in 1998. Bar Number 194444.
Tafoya and Garcia LLP
316 West 2nd Street Suite 1000
Los Angeles, California 90012
Law School: University of Michigan
