Kobe Bryant with the NBA Championship trophy at the LA Lakers Parade and Championship celebration in Downtown Los Angeles. (myFOXla.com)
Kobe Bryant with the NBA Championship trophy at the LA Lakers Parade and Championship celebration in Downtown Los Angeles. (myFOXla.com)
Updated: Friday, 21 Aug 2009, 8:14 PM PDT
Published : Friday, 21 Aug 2009, 7:49 PM PDT
Posted by: Scott Coppersmith
Los Angeles (myFOXla.com) - Attorneys for Los Angeles Lakers star Kobe Bryant and his wife
argued in newly filed legal papers that a former maid's lawsuit
against him should be dismissed because it fails several standards
of law.
Bryant has denied the claims in Maria Jimenez's lawsuit,
including her contention that she quit when Bryant's wife, Vanessa,
demanded she pick out a receipt for a blouse out of a bag of dog
feces, but the legal papers filed Thursday contend that even if
Jimenez's claims were true, they would still not be illegal.
Jimenez sued in March, claiming wrongful termination. She
alleged that during the seven months she worked for the couple in
their Newport Coast home, Vanessa Bryant "badgered, harassed and
humiliated her."
One point of dispute is a claim that Vanessa Bryant hollered
at her for putting an expensive blouse into the washing machine and
then demanded she fish the receipt for it out of a bag of dog
feces.
Jimenez also claims invasion of privacy because the Bryants
had the house outfitted with extensive video surveillance and that
on one occasion she was told she was caught on video stealing a
blouse that the housekeeper said she brought from home to change
into.
The lawsuit also claims intentional infliction of emotional
distress and a new allegation of stalking that Jimenez's lawyers
included in a subsequent motion.
Point by point, attorneys for the Bryants cite case law to
knock down all the claims and argue that Jimenez's attorney William
Vogeler is attempting a "kitchen sink" approach.
Efforts to reach Vogeler for comment today were unsuccessful.
In an amended version of the lawsuit, Jimenez claims a public
policy violation of the law based on the Bryants demanding
reimbursement for the blouse, but the Bryants' attorneys with Loeb
and Loeb LLP argue that's untrue because Jimenez said in her
lawsuit that she resigned before the Bryants allegedly demanded
reimbursement.
The invasion of privacy complaint is bogus because Jimenez
knew the Bryants had video cameras throughout their home and
because there were no cameras in the bathroom where she could
reasonably be expected to change her clothes in private, the
Bryants' attorneys say.
Jimenez argues that being forced to touch dog feces is a
violation of Occupational Safety and Health Administration rules,
but the Bryants' attorneys dispute that, saying dog feces are not
on the list of toxic substances.
Also, even if Vanessa Bryant verbally abused Jimenez on the
job it would not rise to the level of stalking or a public policy
violation, the attorneys argue.
Jimenez's argument that she was forced to quit because of
intolerable working conditions is "severely undercut" by Jimenez's
length of employment, plus she was an "at-will" employee who could
be fired by the Bryants at any time and she was also free to quit
whenever she wanted, according to the motion to dismiss Jimenez's
lawsuit.
Jimenez also cannot sue for emotional distress because that
is covered by the state's workers' compensation laws, according to
the Bryants' lawyers.
"Plaintiff's ludicrous allegations are without merit, and
defendants deny that plaintiff was ever treated in any such matter.
However, even these unbelievable allegations cannot survive
judicial scrutiny, and fail as a matter of law," the attorneys
argue in the motion.