The Irvine Company Whistleblower I Stephanie Van de Motter’s Story
“Even though I lost my entire career by coming forward, I know I made the right choice. I am reminded daily that it was critical it was for me to report The Irvine Company to the authorities, as well as to make my story public.”
- Stephanie Van de Motter
Stephanie Vande Motter’s Story
My name is Stephanie Van de Motter, and I am a private sector public health and safety whistleblower. I won the first whistleblower retaliation lawsuit against Donald Bren, America's richest real estate baron, in February 2020. Tragedies like the Surfside, Florida building collapse and the Bronx high-rise fire remind us of how critical building codes and fire safety are. Though The Irvine Company did not own either of these high-rise buildings, my decision to publicly disclose their misconduct was difficult, but I believe the public deserves to know.
In October 1999, I moved to Santa Monica to work at The Irvine Company's flagship property, 1221 Ocean Avenue. During my tenure, 1221 Ocean Avenue was home to celebrities such as Britney Spears, The Rock, Larry David, Ciara Wilson, David Foster, Alanis Morrisette, David E. Kelly, Michelle Pfeiffer, Janet Jackson, Donna Summer, Jalen Rose, Ron Darling, Kate Beckinsale, and many more. Additionally, I lived in the building in an oceanfront apartment. It was my dream job and I planned to work and live there until my retirement.
My world as I knew it was turned upside down in October 2013 when third party inspections revealed that 1221 Ocean Avenue had a systemic water intrusion and mold problem throughout the building. To save time and money, The Irvine Company's top executives hid this information from residents and authorities. Fire-rated walls in apartments, exhaust shafts, and corridors were illegally removed by Irvine Company without obtaining legally required permits. Irvine Company failed to replace fire-blocking walls for months. The walls were eventually replaced using non-compliant materials and methods. Former Santa Monica building official, Tim McCormick, later testified that Irvine Company executives undermined and jeopardized the life and health safety of Irvine Company employees and residents.
The Irvine Company's senior leaders ignored or dismissed my concerns about concealing the mold problem while simultaneously creating building code violations, so I filed a formal internal complaint with Donald Bren (Chairman and owner) and Clay Halvorsen (general counsel) in August 2014. In response, Irvine Company launched an internal investigation against me to force me out of my job and apartment.
A few weeks later, a senior Irvine Company executive lied to a government official about mold in the building and illegally removed fire-blocking walls throughout the building. Following that inspection, I had to choose whether to remain silent and possibly risk the lives of residents and employees, or risk my livelihood. In stepping forward as a whistleblower, I brought to the attention of government officials that The Irvine Company's senior management intentionally misled residents and officials about hazardous conditions.
Six months later, following unrelenting whistleblower retaliation by senior Irvine Company executives, I lost my home, my livelihood, and my dream job in March 2015.
In February 2020, Arbitrator and retired judge Charles McCoy ("Judge McCoy") ruled:
“Commencing in late 2013, Respondent [The Irvine Company] became aware of widespread water intrusion and mold in many apartments at 1221. Respondent thereafter left some residents in units known to contain water intrusion and mold. Respondent instructed Claimants [Stephanie Van de Motter] not to use the word "mold" and not to inform residents of the actual or potential presence of mold in their apartments.
Respondent directed Claimants to describe ongoing activities related to water intrusion and mold as "destructive testing" without mentioning mold. Claimants realized: the mold-related remedial work undertaken by Respondent was being done without required permits from the City of Santa Monica; and that Respondent's representatives were actively concealing that work from the City. The safety of building residents is one paramount reason building permits are required, especially when people are living in high-rise apartments while construction is actively pursued.
Claimants raised their concerns internally at the highest levels of the Company and, when Respondent's misconduct continued apparently unabated, Claimants together filed their first written whistleblower complaint with the City of Santa Monica on September 22, 2014. The numerous adverse employment actions thereafter directed at Claimants, especially Ms. Van de Motter, were clearly retaliatory responses to the Claimants' September 22, 2014 complaint.
Claimants' professional careers and personal mental health were severely harmed by the retaliation. In these circumstances, Claimants have carried the burden of proving by clear and convincing evidence that Respondent's conduct was oppressive and malicious - a willful and conscious disregard of the rights or safety of others.
On balance, the evidence clearly and convincingly points to the conclusion that if Claimants had not made their disclosures to the City of Santa Monica, Respondent, and its officers and managers involved, would never have, on their own, disclosed that they had made a business decision to proceed illegally with unpermitted water intrusion and mold activities at 1221 Ocean Avenue.
Worse, Respondent's calculated decisions not to disclose its mold-related work to the City of Santa Monica, and to avoid as much as possible telling tenants the whole truth about the purpose of the ongoing work and the risks involved, were made predominantly for cost and project schedule reasons.”
PRESENT DAY
My Advocacy as Founder of Silenced No More Foundation
Following a multimillion-dollar verdict in 2020, I became an advocate for whistleblowers, and in 2021, I founded the Silenced No More Foundation. We aim to inspire the current and upcoming generations of whistleblowers. We provide whistleblowers with helpful resources, guidance, and emotional support. By providing education, the Foundation empowers employees to stand up for their rights.
In April 2022, I was featured as the "Whistleblower of the Week" by Whistleblower Network News. The two-part podcast series detailed my experience as a whistleblower and what it was like to come forward with information about corporate wrongdoing.
Additionally, in honor of 2022 National Whistleblower Day (July 30, 2022), I was chosen to be part of a six-part video series about whistleblowers that airs this week. It's called "Whistleblower Voices: A Series of Conversations with Whistleblowers.” This series features interviews with thirty key whistleblowers from different sectors around the world. My interview with FBI whistleblower, Jane Turner, can be viewed here.