A clerk at a specialty grocery chain became ill, took his full medical leave, but was unable to work in any capacity for nearly a year. When he failed to report to work after his leave expired, he was terminated. After he was cleared to work again, he reapplied but was not hired. He sued under FEHA for disability and age discrimination based both on his termination and the failure to be rehired. He also brought claims for wrongful termination under FEHA, fraud, and negligent misrepresentation. CDF aggressively disposed of the case by convincing the Court to strike the termination prongs of plaintiff’s FEHA claims and various reasonable accommodation allegations and by propounding contention discovery/deposing plaintiff forcing him to admit certain critical facts. Armed with such admissions, CDF filed a summary judgment motion, which was granted. Judgment was entered for the company including its recoverable costs.
Superior Court of California, City of Los Angeles