A judge has denied the request made by attorneys for Los Angeles County to release the therapy records of a deputy who filed a lawsuit against the county. In the lawsuit, the deputy alleges that her career has suffered as a result of a physically unfit recruit, which led to backlash from the wife of former Sheriff Alex Villanueva.
Los Angeles Superior Court Judge Cherol J. Nellon ruled on Thursday that the county did not follow the proper procedures in seeking the records related to Deputy Lina Pimentel’s mental health. Pimentel’s lawsuit alleges retaliation, discrimination, and harassment.
The judge wrote, “The motion itself was untimely and unaccompanied by the required declaration showing a reasonable and good faith attempt to informally resolve the issue.”
The county lawyers argued that because Pimentel is seeking emotional distress damages, the defense should be allowed to view the records of the counselor she saw for stress related to her work and the issues surrounding her lawsuit.
In December, Pimentel’s attorney objected to a subpoena request for all the records, citing privacy concerns and lack of relevance. The county attorneys stated in their court papers that, “It is expected at trial that the plaintiff will ask the jury to award her substantial emotional distress damages. She may even claim that the county worsened pre-existing emotional injuries, which cannot be confirmed without these records.”
In the lawsuit filed in January 2022, Pimentel states that she was hired in January 2007 and, in August 2019, was given a highly regarded recruit training officer position at the Sheriff’s Academy. She later participated in the decision to dismiss recruit Natalie Garcia, who is a close friend of Vivian Villanueva, the spouse of the former sheriff and a retired LASD sergeant.
The lawsuit alleges that Vivian Villanueva acted as a supervisor during the relevant periods and had an office at Pimentel’s worksite.
Garcia, who had worked as a LASD custody assistant for a long time, was attempting to complete the academy for the second time. However, Pimentel, who was Garcia’s drill instructor, determined that she was physically unable to complete the course.
The lawsuit alleges that “Garcia falsely claimed to plaintiff’s superiors that plaintiff had forced her to do additional physical training beyond her medical restrictions.”
In retaliation for dismissing her friend as unqualified, Vivian Villanueva reportedly made obscene remarks about the plaintiff and warned others to stay away from Pimentel. The lawsuit states, “This gross example of nepotism, abuse of office, and workplace harassment has been supported by current Sheriff Alex Villanueva, who allows his wife to verbally abuse female deputies in the workplace.”
According to the lawsuit, Pimentel’s career progression has been effectively halted due to Vivian Villanueva’s personal attacks. The lawsuit further alleges that Vivian Villanueva is misusing her husband’s position to do illegal favors for her friends and punish those who do not comply.
Garcia, upset because she did not meet the physical requirements for a deputy, filed a complaint against Pimentel, claiming that the plaintiff told her, “The sheriff is not here to save you.”
The lawsuit states, “Plaintiff made this statement to Garcia because she believed that Garcia would try to use her influence with Sheriff Alex Villanueva, through his spouse Vivian Villanueva.”
In July 2022, Judge Terry Green dismissed Vivian Villanueva as a defendant in the case. According to the court papers filed by lawyers representing the former sheriff’s spouse, Vivian Villanueva does not have an office in any county building, has not supervised or reprimanded any county employees, and does not have a county vehicle.
In their court papers, the county attorneys argue that Pimentel’s claims are generic, unsupported by facts, and based on her personal dislike of her co-workers.
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