Los Angeles Mayor Eric Garcetti’s potential resignation to the Biden administration has attorneys on a lawsuit against the city over when his wife might be deposed before the couple leaves.
The attorneys filed papers Tuesday asking the court to depose Los Angeles First Lady Amy Elaine Wakeland before June 15 in a lawsuit brought by a former bodyguard against the mayor who claims he is from a longtime Garcetti aide molested.
The motion does not concern whether Wakeland should be removed, only when their removal should take place.
Diana Wells, an attorney for plaintiff Matthew Garza, argued in a motion that the city’s lawyers offered on July 7 to remove Wakeland and the city deputy. Doug Lyon reported that he was “booked” prior to that date. Wells claims in her motion that “deliberate delay is what is really going on”.
“It is now well known that Mayor Eric Garcetti is one of President Biden’s most important decisions for the position of US Ambassador to India,” the motion said. “If Mayor Garcetti accepts such a position and moves to India with Ms. Wakeland, the plaintiff must request the deposit of Ms. Wakeland using the procedures and procedures required by the laws of India.”
The motion states that “Ms. Wakeland is not a city worker,” the city attorneys cannot compel her to stand for her dismissal, and “Ms. Wakeland will be disqualified from this court’s summons once she and the mayor leave the country. “
Garcetti is on the short list of candidates Biden is considering for the post of ambassador to India, a White House official confirmed this month. The mayor has not publicly stated that he would stay in Los Angeles if selected for the job.
The mayor’s possible exit comes as he and Wakeland are being held as witnesses in a lawsuit brought by Los Angeles Police Officer Garza. He claims former Garcetti aide Rick Jacobs molested him and the mayor did nothing to prevent it. Garcetti said in his statement that he had not observed any inappropriate behavior and Jacobs has denied the police officer’s allegations.
Emails contained in the court records show attorneys on both sides debating the possibility of India’s nomination while discussing the filing dates for Wakeland.
In an email to Lyon, the assistant prosecutor, Wells wrote on May 6, “We know that Mayor Garcetti is being considered for a position in India. Please provide us with the filing dates for Amy Wakeland immediately this month. “
Lyon wrote back that July 7th was the earliest date. “It is not reasonable to assume that anyone can be dropped off at your request,” he added in an email.
Wells followed up on May 10 with an email to Lyon: “What assurances do we have that it will actually be out on July 7th? We fear that Garcetti will be sent to India by then. “
On that day Lyon replied: “I have no information about India. But they have computers there too. She can still be discontinued. And I think they’ll still be here in LA anyway. “
On May 14, Lyon wrote to Wells that the mayor had not been offered any positions outside of LA
“Even if it is, it would require Senate approval. All of this would be on the news. The earliest time he could reasonably leave was well after July 7th [scheduled] Wakeland deposit. Hence, there is no reason or reason to move the date. “
Wells’ motion states that Lyon has already confirmed its availability for deposits on two days in May and two days in June.
“If it is true that Mr. Lyon’s schedule does not allow him to provide Ms. Wakeland by July 7, 2021, then any of the deposits scheduled above can easily be postponed to add time to Mr. Lyon’s schedule for Ms. Wakeland’s deposit find, “writes Wells.
Wells’s motion also calls on the court to sanction Wakeland and her attorney, Lyon, in the amount of US $ 4,950 for “their refusal to provide a timely date for the filing of Ms. Wakeland is without substantive justification.”