LOS ANGELES (Legal Newsline) - A professional group for Los Angeles plaintiff lawyers is defending its decision to kick out one of its members who, in return, sued it in federal court.
Plaintiff Neal Zaslavsky said the process by which he was expelled was unfair. It followed an argument over alleged anti-Semitism on a sort-of message board called a Listserv and his response to the executive director of Consumer Attorneys Association of Los Angeles, Kwedi Moore.
"CAALA had a policy of respectful demeanor and Plaintiff admitted to using language that was 'out of line' and for which he later apologized," a Sept. 7 motion to dismiss by the CAALA says.
"He admits to calling his co-members 'professional Palestinian terrorists.' He admits that he was given notice and a hearing before the Board prior to termination. The Court cannot draw a logical conclusion that Plaintiff was denied full and equal accommodations because of his religious beliefs, as opposed to his bellicose, unprofessional name calling or political attacks."
Zaslavsky says three CAALA members were allowed to post "unfettered hatred of the Jewish people," causing him to disengage from the Listserve. But he came back for a May 15 discussion on Ron DeSantis that devolved into more Jew-bashing, he claims.
Zaslavsky called two of the posters "professional Palestinian terrorists," which earned him a 30-day suspension from the Listserv. Also suspended was a poster who wrote: "BOTH SIDES HAVE COMMITTED ATROCITIES. Don't try and corrupt my written words to suit your stupidity. You try to pull that shit with me and I will snap you back so hard you'll think you're a first-year law student again."
Zaslavsky called the post a "threat on his life." When he learned of his suspension, Zaslavsky says he reacted poorly and sent an "unfortunate" email to Moore. Before he could send an apology, he was told by CAALA president Minh Nguyen that he was out-of-line.
The email to Moore had asked whether Moore would side with anti-Semites or those who "adhere to the teachings of the Rev. Dr. Martin Luther King, Jr., who famously stated that anti-Zionism is anti-Semitism," Zaslavsky's suit says.
Two weeks later, the process of possibly expelling Zaslavsky from CAALA began. His lawsuit complains that the process was unfair, citing the participation of two lawyers whose firm represented Zaslavsky in insurance benefits litigation regarding the COVID pandemic.
A hearing on Zoom took place, and Zaslavsky refused to answer a question he deemed inappropriate and irrelevant. He was expelled from CAALA following the hearing. He says CAALA wouldn't let him be represented by counsel, refused to provide him with requested documents, wouldn't allow him to call witnesses on his behalf or examine other witnesses and accusers and imposed a five-minute limit on his oral argument.
The motion to dismiss makes the following arguments, among others:
-Claims made under a section of the Civil Rights Act can't be made against private clubs or organizations;
-Zaslavsky has not alleged discriminatory intent, as he has not shown anyone at CAALA knew he is Jewish;
-Claims under the Unruh Act fail because CAALA is not a business establishment and political belief is not a 'protected classification';
-Zaslavsky failed to maintain "a respectful demeanor with fellow CAALA members," as required by its code of conduct; and
-Zaslavsky can't allege facts to state a claim for intentional interference with prospective economic relations.
"The 'intentional acts' of expelling Plaintiff from membership pursuant to procedures stated in the by-laws is not the 'intent' to interfere with his professional marketing or access to work product shared by the Plaintiff's bar," the motion says.
"The Plaintiff's professional relationships with his colleagues were not severed; only his participation in CAALA activities."
Zaslavsky started law school a few days after his 40th birthday, he says. He is on the leadership team for Business Torts for the nation's trial lawyer group - the American Association for Justice.