A Los Angeles County judge has dismissed the majority of a lawsuit filed by former Malibu Assistant Planning Director Adrian Fernandez, who claimed he was the victim of racism, a toxic work environment, invasion of privacy, and retaliation during his tenure at City Hall.
Judge Gail Killefer followed through on a tentative ruling issued last week, striking down the bulk of Fernandez’s claims and criticizing both the original filing and an attempted amendment as legally defective. The court has granted Fernandez until Aug. 11 to file a third version of the complaint, limited to allegations of workplace discrimination. A hearing on whether the revised lawsuit can proceed is scheduled for Aug. 15.
The lawsuit originally filed by Fernandez names the City of Malibu, former City Manager Steve McClary, and Councilmembers Bruce Silverstein and Steve Uhring as defendants. Fernandez, a 16-year city employee, alleged that city officials created a hostile workplace “fraught with bullying, hostility, retaliation, and discrimination.”
In particular, the suit points to a May 13, 2024, City Council meeting during which Fernandez was questioned by Silverstein and then-Mayor Uhring regarding a controversial hotel project near Aviator Nation Dreamland. After a lengthy public hearing and council debate, the project was ultimately voted down 4-1. Fernandez took a leave of absence shortly thereafter, citing stress and public threats.
In his lawsuit and a subsequent June 24 letter to the City Council, Fernandez claimed that the questioning at the council meeting, along with the disclosure of his leave of absence for mental health reasons, constituted an invasion of privacy. He further alleged that city leaders had coordinated with the Malibu Township Council — a vocal opponent of the hotel project — to publicly discredit him.
However, Killefer ruled that Fernandez’s privacy claims lacked merit, noting that by distributing his complaints to the full City Council, Fernandez himself made the matter public. Therefore, council discussion of the issues did not constitute a breach of confidentiality or an invasion of privacy.
The City of Malibu has declined to comment on the pending litigation, citing confidentiality in personnel matters. In previous public statements, city officials affirmed that they take all allegations of abuse or harassment seriously.
The Malibu Township Council, which appealed the hotel project and was referenced in Fernandez’s claims, issued its own rebuttal stating that it “denies all claims” and had acted professionally and in accordance with Malibu’s planning codes. The group emphasized its long-standing mission to advocate for responsible development and protect Malibu’s unique coastal character.
As the case continues to unfold, the court’s Aug. 15 hearing will determine whether Fernandez’s narrowed claims of discrimination will move forward.