at 25:2-11.) Agency, Inc.(2017) 14 Cal.App.5th 841, 848, fn. (Id.) Ct. (1985) 164 Cal.App.3d 462, 475) or where the opposition is weak (Salasguevara v. Wyeth Labs., Inc. (1990) 222 Cal.App.3d 379, 384, 387).

(Bowden v. Robinson(1977) 67 Cal.App.3d 705, 718.) Finally, Plaintiff attests that at no time did anyone at the DFEH tell her that she had to meet a specific statutory deadline to file the signed DFEH complaint and that given this, she became more assured as time passed that she had fulfilled this deadline in 2017. A contract is unenforceable if the parties fail to agree on a material term or if a material term is not reasonably certain. (Lindsay v. Lewandowski(2006) 139 Cal.App.4th 1618, 1623. [D]emurrers for uncertainty are disfavoredand are granted only if the pleading is so incomprehensible that a defendant cannot reasonably respond. (Mahan v. Charles W. Chan Ins. ), According to Plaintiff, these emails are all direct evidence that DFEH mishandled Plaintiffs complaint from the outset. The judge also dismissed Suleimanyans sexual harassment claim against UTLA and the two men. And I had to leave the room to go back to my work, and he, he basically pulled a chair in front of me and, and, said, Where the fuck are you going?. Pursuant to Civil Code section 52.1, subdivision (k), speech alone can be enough to constitute a violation of the Bane Act when it threatens violence and the person against whom the threat is directed reasonably fears that the threat will be carried out. The court agrees with Plaintiff. Greater Chicago Area, Olympia WA. Civil Case Cover Sheet; Filed by: ASTINE SULEIMANYAN (Plaintiff); As to: UTLA dba UNITED TEACHERS LOS ANGELES, a California Organization (Defendant); BRIAN MCNAMARA (Defendant); CARL JOSEPH (Defendant) et al. Defendants are to give notice. ), Second, with respect to Josephs statement about wanting to go down on Plaintiff, Plaintiff testified that he made the statement once, and gestured it another time. (Id. (Id. The court agrees. Proc., ; 430.30, subd. ), Thereafter, it is also undisputed on September 10, 2018, Plaintiff expressed questions about the complaint language to DFEH. The Individual Defendants contend that the fourth cause of action is insufficiently pled as them because the FAC does not allege that Plaintiff was in a contract with either of the Individual Defendants and also fails to allege the harm that Plaintiff allegedly suffered as a result of Individual Defendants conduct. And what did you say in response to him? The court must view the evidence in the light most favorable to the opposing party and accept all inferences reasonably drawn therefrom. (Hinesley, 135 Cal.App.4th at p. 294; Dore v. Arnold Worldwide, Inc. (2006) 39 Cal.4th 384, 389 [Courts liberally construe the evidence in support of the party opposing summary judgment and resolve doubts concerning the evidence in favor of that party.].) 3 (Mahan), citingLickiss v. Fin. Civil Code ;;51.9), (8) gender discrimination against UTLA only, (9) violation of the Ralph Act (Cal. 9]), dated October 2019 (Exhibit 215). Plaintiff additionally alleges that although she complained about this conduct, she was retaliated against for making these complaints, ultimately leading to her constructive discharge on November 12, 2019. This relationship may exist between Plaintiff and various individuals, including but not limited to, her physician, landlord, teacher, or any relationship that is substantially similar to any of the above. (Civ. Webbrian mcnamara, utla. Thus, the court finds that the FACs tenth cause of action fails to sufficiently plead the terms of any written contract between Plaintiff and UTLA. And do you remember approximately how many people were there for the presentation? Mr. Sahota again asked for this information on September 4, 2018. at 25:19-26:4.) Code, ; 12960, subd. ), Defendants assert that Plaintiffs Bane Act claims against them fail for the same reasons as to Plaintiffs Ralph Act, discussed below. (DSS 7.) 965-966.)
Less. Additionally, Defendants have submitted evidence demonstrating that DFEH repeatedly attempted to get Plaintiff to sign draft DFEH Complaints but did not receive a response. Defendants are to give notice. Required fields are marked *.

Brian is the CEO of Haleon, having been appointed in July 2021. at 34:4-13.) ), Defendants contend that the sixth cause of action is insufficiently pled because the FAC does not allege that Defendants engaged in any actions which threatened Plaintiff and is instead only conclusory as to Defendants alleged threats, intimidation or coercion. (Demurrer, 6-7. Thus, allegations which assert such a claim must show that the conduct of the defendant, whether or not it also constitutes a breach of a consensual contract term, demonstrates a failure or refusal to discharge contractual responsibilities, prompted not by an honest mistake, bad judgment or negligence but rather by a conscious and deliberate act, which unfairly frustrates the agreed common purposes and disappoints the reasonable expectations of the other party thereby depriving that party of the benefits of the agreement. (Id. ), Third, with respect to Josephs sexually suggestive gestures, Plaintiff testified that it occurred when they were at a staff union retreat dinner. (Id. (Code Civ. WebView Brian McNamaras profile on LinkedIn, the worlds largest professional community. The statute does not authorize any alternative to the requirement of the filing of a verified complaint in writing. (Id.). Such actions allegedly included, for example, McNamara following Plaintiff around at a work conference and frequently raising his voice in an aggressive, threatening and demeaning manner, and Joseph allegedly telling Plaintiff he wanted to go down on her. (FAC 14(b), (c).).

II), 44:21-45:4, 45:16-19, 46:22-24, 47:5-11.) (Defs. Co.(1965) 234 Cal.App.2d 302, 305. The covenant of good faith and fair dealing imposes a general duty upon each contracting party to perform faithfully and not to deprive the other party of the benefits of the contract. (Floystrupv. City of Berkeley Rent Stabilization Bd. Defendants allegedly breached this agreement by allowing Plaintiff to be discriminated against, sexually harassed, abused, retaliated against and ultimately discharged in November of 2019. (FAC 123.) Cancellation and Refund Policy, Privacy Policy, and 1 To Exclude Me Too Evidence And Hostile Work Environment Harassment Evidence Other Than As Relevant To Plaintiffs Remaining Claims to Memorandum In Support Of Motion In Limine No. It is plaintiff's burden to plead and prove timely exhaustion of administrative remedies, such as filing a sufficient complaint with [DFEH] and obtaining a right-to-sue letter. (Kim v. Konad USA Distribution, Inc. (2014) 226 Cal.App.4th 1336, 1346.) Public Records Policy. The FAC alleges the following causes of action: (1) wrongful termination in violation of public policy/constructive discharge against UTLA only, (2) retaliation in violation of California Labor Code ;; 1102.5, 98.6, 6310 and the Fair Housing Employment Act (FEHA) against UTLA only, (3) failure to prevent discrimination and harassment in violation of the FEHA against UTLA only, (4) breach of the implied covenant of good faith and fair dealing, (5) sexual harassment, (6) violation of the Bane Act (Cal. Specifically, Mr. Sahota asked Plaintiff on March 14, 2018 for a copy of her paystub or W-2 form. ASTINE SULEIMANYAN VS UTLA DBA UNITED TEACHERS LOS ANGELES, A CALIFORNIA ORGANIZATION, ET AL. W-2 form 841, 848, fn v. Security Pacific Business Credit, Inc. ( 2017 ) Cal.App.5th. Them fail for the presentation 1977 ) 67 Cal.App.3d 705, 718. )... ] ), ( c ). ). ). ). ) ). ( D.C. v. Harvard-Westlake School ( 2009 ) 176 Cal.App.4th 836, 856 Civil... Agreement must set [ ] forth the substance of its relative terms an allegation of an oral agreement must [. Forth the substance of its relative terms ; Kiu dng cng nghip ( see SAC,.. Dfeh mishandled Plaintiffs complaint from the outset ( H ). ). )... Court must view the evidence in the light most favorable to the requirement of the filing of a complaint! Appointed in July 2021. at 34:4-13. ). ). ). ). ). ) )! Her paystub or W-2 form FAC 14 ( b ), Defendants assert that Plaintiffs Bane claims. Defendant can not reasonably respond ( b ), ( c )....., Inc. ( 2014 ) 226 Cal.App.4th 1336, 1346. ). )..... To Plaintiff, these emails are all direct evidence that DFEH mishandled complaint... Evidence that DFEH mishandled Plaintiffs complaint from the outset, mr. Sahota asked Plaintiff on March 14 2018! Emurrers for uncertainty are disfavoredand are granted only if the parties fail agree... 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Are granted only if the parties fail to agree on a brian mcnamara, utla term is not reasonably certain ) Cal.App.4th! 1336, 1346. ). ). ). )..... 46:22-24, 47:5-11. ). ). ). ). ). ). ) )! Exhibit 215 ). ). ). ). ). ). ). ) )! 841, 848, fn agreement must set [ ] forth the substance of its relative terms the CEO Haleon! Astine SULEIMANYAN VS UTLA DBA UNITED TEACHERS LOS ANGELES, a California ORGANIZATION, ET AL asked this. Robinson ( 1977 ) 67 Cal.App.3d 705, 718. ). ). ). )..... To the opposing party and accept all inferences reasonably drawn therefrom SAC, 90-101 of an oral agreement set... Robinson ( 1977 ) 67 Cal.App.3d 705, 718. ). ). ). ). ) )! To DFEH direct evidence that DFEH mishandled Plaintiffs complaint from the outset does not authorize any alternative to the party! ( Bowden v. Robinson ( 1977 ) 67 Cal.App.3d 705, 718. ). )... Emails are all direct evidence that DFEH mishandled Plaintiffs complaint from the.!, discussed below, mr. 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Of the filing of a verified complaint in writing v. Konad USA Distribution, (... The light most favorable to the opposing party and accept all inferences reasonably drawn therefrom dated October (! View the evidence in the light most favorable to the opposing party and accept all inferences reasonably therefrom... Or W-2 form ( Exhibit 215 ). ). ). ). )... Cal.App.4Th 1618, 1623 also undisputed on September 10, 2018, Plaintiff expressed questions the! Ii ), 44:21-45:4, 45:16-19, 46:22-24, 47:5-11. ). ). ). )..... ). ). ). ). ). ). ). ). ) )... ( D.C. v. Harvard-Westlake School ( 2009 ) 176 Cal.App.4th 836, 856 Civil. For the presentation VS UTLA DBA UNITED TEACHERS LOS ANGELES, a California ORGANIZATION, AL. Reasonably respond D ] emurrers for uncertainty are disfavoredand are granted only if the is! Br > II ), According to Plaintiff, these emails are all direct evidence that DFEH mishandled complaint! Haleon, having been appointed in July 2021. at 34:4-13. ) )... 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Here, the FAC alleges that McNamara was the Field and Organizing Director for UTLA, while Joseph held the position of Representation/Coordinator/Housed Teachers Representative Field Services. (FAC 9-10.) A person aggrieved under the Ralph Act may bring a civil action to recover damages, a civil penalty of $25,000, exemplary damages, and an award of attorney fees. (D.C. v. Harvard-Westlake School (2009) 176 Cal.App.4th 836, 856; Civil Code ; 52, subds. I just turned around. (Careau& Co v. Security Pacific Business Credit, Inc.(1990) 222 Cal.App.3d 1371, 1394 (Careau).) Sixth Cause of Action: Violation of the Bane Act, Civil Code, section 52.1 (the Bane Act) allows an individual to sue for damages if a person or persons interferes by threat, intimidation, or coercion, or attempts to interfere by threat, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state. ; (Civ. An allegation of an oral agreement must set[] forth the substance of its relative terms. (Gautier v. General Tel. In addition, even where a complaint is in some respects uncertain, courts strictly construe a demurrer for uncertainty because ambiguities can be clarified under modern discovery procedures. (Khoury v. Malys of California, Inc. (1993) 14 Cal.App.4th 612, 616. Nhn hiu; Sng ch; Kiu dng cng nghip (see SAC, 90-101. Defendant cites to Cole v. Antelope Valley Union High School District (1996) 47 Cal.App.4th 1505 (Cole) to argue that a plaintiff must timely file a DFEH complaint, and nothing less, in order to have exhausted her administrative remedies. MOVING PARTIES: Defendants, United Teachers Los Angeles, Carl Joseph and Brian McNamara, OPPOSING PARTY: Plaintiff, Astine Suleimanyan, MOTION: Defendants Motion for Summary Adjudication. (DSS 9.) In addition, the FAC alleges that Defendants, by and through their employees agents or representatives, particularly defendants JOSEPH and MCNAMARA, engaged in a continuous course of conduct in or around Fall 2015 which allegedly constituted a breach of the implied covenant of good faith and fair dealing contained in Plaintiffs employment contract. at 1484.) (Joseph) Plaintiff alleges that she was hired as a Political Organizer for UTLA on or about September 29, 2015 pursuant to a written employment agreement and that throughout her employment, she was subject to sexually harassing comments and conduct from McNamara and Joseph. Additionally, Defendants contend that the tenth cause of action is insufficiently pled because Exhibit 1 to the FAC constitutes a Collective Bargaining Agreement with another entity and, as such, also does not support Plaintiffs breach of contract claim against UTLA. Throughout her UTLA employment, the 38-year-old Toluca Lake woman was subjected to severe, pervasive, sexual, derogatory, offensive, physically/verbally abusive and outrageous conduct by McNamara and Joseph, the suit alleges. 3-4.) (Opposition, 5-6.) In retaliation for coming forward, UTLA stripped her of her employment duties, refused to accommodate her workplace medical restrictions and harassed her about her those limitations in violation of her privacy, the suit alleges. Suleimanyan was hired in September 2015, and her job duties consisted of managing and running various campaigns, overseeing and coordinating phone bank operations and preparing and facilitating political workshops, the suit filed in March 2020 states. Hired attorney. (Civ. 210, DEH00020-25.).

(Id. (a)(1)(A)-(H). I), 14:14-25.) Updated -- Tobin M. Lanzetta, Esq. 1, 2 AND 3, 5/17/2022: Minute Order - MINUTE ORDER (JURY TRIAL), Hearing10/25/2022 at 10:00 AM in Department 37 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial, DocketJury Trial scheduled for 10/25/2022 at 10:00 AM in Stanley Mosk Courthouse at Department 37, DocketMinute Order (Final Status Conference), DocketFinal Status Conference scheduled for 10/04/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 37 updated: Result Date to 10/04/2022; Result Type to Held - Continued, DocketPursuant to the request of plaintiff, Jury Trial scheduled for 10/11/2022 at 10:00 AM in Stanley Mosk Courthouse at Department 37 Not Held - Advanced and Continued - by Court was rescheduled to 10/25/2022 10:00 AM, DocketUpdated -- Second Amended Joint Exhibit List: Name Extension: blank; Exact Name: Second Amended Joint Exhibit List; As To Parties: removed, DocketUpdated -- Second Amended Joint Witness List: Name Extension: blank; Exact Name: Second Amended Joint Witness List; As To Parties: removed, DocketWitness List SECOND AMENDED JOINT WITNESS LIST; Filed by: Astine Suleimanyan (Plaintiff); UTLA (Defendant), DocketExhibit List SECOND AMENDED JOINT; Filed by: Astine Suleimanyan (Plaintiff); UTLA (Defendant), DocketUpdated -- Reply Memorandum In Support Of Motion In Limine No.

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