Roman v. Los Angeles County Department of Public Social Services

MEMORANDUM

Gabriel Lucian Roman received benefits from Los Angeles County’s Department of Public Social Services (“DPSS”) starting in 2004. In 2010, DPSS determined that he was no longer eligible, to receive one portion of his benefits. Roman filed a Com plaint against DPSS and the California Department of Social Services (“DSS”) alleging that the agencies committed fraud in terminating his benefits and terminated his benefits because he was disabled. On March 12, 2013, the district court granted summary judgment after finding, inter alia, that Roman failed to present any evidence that raised a genuine issue of material fact on required elements of both his disability discrimination and fraud claims.

The only evidence presented to demonstrate discriminatory intent was his caregiver’s statement that a social worker told her Roman’s case was reviewed for eligibility because the benefits he received “are costing the program the most.” Putting aside the requirement that evidence considered at the summary judgment stage be admissible at trial, see Orr v. Bank of Am., NT & SA, 285 F.3d 764, 773 (9th Cir.2002), the substance of this statement indicates that DPSS’s intent was to review…