This case was last updated from Los Angeles County Superior Courts on 05/22/2022 at 03:29:51 (UTC).

ALLISON LEE VS THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, ET AL.

Case Summary

On 05/04/2021 ALLISON LEE filed a Labor - Wrongful Termination lawsuit against THE REGENTS OF THE UNIVERSITY OF CALIFORNIA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ROBERT B. BROADBELT. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6870

  • Filing Date:

    05/04/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Wrongful Termination

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

ROBERT B. BROADBELT

 

Party Details

Plaintiff

LEE ALLISON

Defendants

THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

QUAN RITA JUE

RONALD REAGAN UCLA MEDICAL CENTER

UNIVERSITY OF CALIFORNIA LOS ANGELES

Attorney/Law Firm Details

Plaintiff Attorney

SHAH PARTH N. ESQ.

Defendant Attorneys

MILLER JONATHAN DENGLER

BLACKWELL HOLLY CHRISTINE

MARDIKIAN CHRISTINE A

 

Court Documents

Order - ORDER RE DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT

5/13/2022: Order - ORDER RE DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT

Notice of Ruling

5/16/2022: Notice of Ruling

Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE TO FIRST AMEND...)

5/13/2022: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE TO FIRST AMEND...)

Reply - REPLY DEF REPLY TO PL OPPO TO DEF DEMURRER

5/6/2022: Reply - REPLY DEF REPLY TO PL OPPO TO DEF DEMURRER

Case Management Statement

4/28/2022: Case Management Statement

Opposition - OPPOSITION PLAINTIFF KIMBERLY CUNNINGHAMS NOTICE OF OPPOSITION AND OPPOSITION TO DEFENDANT RITA JUE QUANS DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHO

5/2/2022: Opposition - OPPOSITION PLAINTIFF KIMBERLY CUNNINGHAMS NOTICE OF OPPOSITION AND OPPOSITION TO DEFENDANT RITA JUE QUANS DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHO

Case Management Statement

5/2/2022: Case Management Statement

Notice - NOTICE OF ERRATA REGARDING PLAINTIFF'S OPPOSITION TO DEMURRER TO FAC

5/2/2022: Notice - NOTICE OF ERRATA REGARDING PLAINTIFF'S OPPOSITION TO DEMURRER TO FAC

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

2/8/2022: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

Case Management Statement

1/20/2022: Case Management Statement

Case Management Statement

1/24/2022: Case Management Statement

Case Management Statement

1/24/2022: Case Management Statement

Case Management Statement

1/27/2022: Case Management Statement

Demurrer - without Motion to Strike

11/29/2021: Demurrer - without Motion to Strike

Declaration - DECLARATION DECLARATION OF CHRISTINE MARDIKIAN, ESQ. RE: COMPLIANCE WITH MEET AND CONFER REQUIREMENTS OF CAL. CIV. PROC. CODE 430.41 EXTENSION OF TIME FOR DEFENDANT TO SUBMIT A RESPONS

10/27/2021: Declaration - DECLARATION DECLARATION OF CHRISTINE MARDIKIAN, ESQ. RE: COMPLIANCE WITH MEET AND CONFER REQUIREMENTS OF CAL. CIV. PROC. CODE 430.41 EXTENSION OF TIME FOR DEFENDANT TO SUBMIT A RESPONS

Answer

10/27/2021: Answer

Proof of Service (not Summons and Complaint)

10/27/2021: Proof of Service (not Summons and Complaint)

Request for Dismissal

10/8/2021: Request for Dismissal

25 More Documents Available

 

Docket Entries

  • 10/17/2022
  • Hearing10/17/2022 at 08:30 AM in Department 53 at 111 North Hill Street, Los Angeles, CA 90012; Case Management Conference

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  • 05/16/2022
  • DocketNotice of Ruling; Filed by Rita Jue Quan (Defendant)

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  • 05/13/2022
  • Docketat 10:00 AM in Department 53; Case Management Conference - Held - Continued

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  • 05/13/2022
  • Docketat 10:00 AM in Department 53, Robert B. Broadbelt, Presiding; Hearing on Demurrer - without Motion to Strike (to First Amended Complaint filed by Defendant Rita Jue Quan on 11-29-2021;) - Held

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  • 05/13/2022
  • DocketMinute Order ( (Hearing on Demurrer - without Motion to Strike to First Amend...)); Filed by Clerk

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  • 05/13/2022
  • DocketOrder (re Demurrer to Plaintiff's First Amended Complaint); Filed by Clerk

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  • 05/06/2022
  • DocketReply (Def reply to pl oppo to def demurrer); Filed by Rita Jue Quan (Defendant)

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  • 05/02/2022
  • DocketNotice (of Errata regarding Plaintiff's Opposition to Demurrer to FAC); Filed by Allison Lee (Plaintiff)

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  • 05/02/2022
  • DocketCase Management Statement; Filed by Allison Lee (Plaintiff)

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  • 05/02/2022
  • DocketOpposition (PLAINTIFF KIMBERLY CUNNINGHAM?S NOTICE OF OPPOSITION AND OPPOSITION TO DEFENDANT RITA JUE QUAN?S DEMURRER TO PLAINTIFF?S FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES); Filed by Allison Lee (Plaintiff)

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25 More Docket Entries
  • 08/11/2021
  • DocketCase Management Statement; Filed by Allison Lee (Plaintiff)

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  • 07/26/2021
  • DocketNotice and Acknowledgment of Receipt; Filed by Allison Lee (Plaintiff)

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  • 06/10/2021
  • DocketDeclaration (of Holly C. Blackwell in Support of Defendant The Regents of the University of California's Demurrer to the Complaint); Filed by The Regents of the University of California (Defendant)

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  • 06/10/2021
  • DocketDemurrer - without Motion to Strike; Filed by The Regents of the University of California (Defendant)

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  • 05/26/2021
  • DocketProof of Personal Service; Filed by Allison Lee (Plaintiff)

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  • 05/05/2021
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 05/04/2021
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 05/04/2021
  • DocketSummons (on Complaint); Filed by Allison Lee (Plaintiff)

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  • 05/04/2021
  • DocketCivil Case Cover Sheet; Filed by Allison Lee (Plaintiff)

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  • 05/04/2021
  • DocketComplaint; Filed by Allison Lee (Plaintiff)

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Tentative Rulings

Case Number: *******6870 Hearing Date: May 13, 2022 Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

allison lee ;

Plaintiff,

vs.

the regents of the university of california , et al.,

Defendants.

Case No.:

*******6870

Hearing Date:

May 13, 2022

Time:

10:00 a.m.

[Tentative] Order RE:

defendant’s demurrer TO plaintiff’s first amended COMPLAINT

MOVING PARTIES: Defendant Rita Jue Quan

RESPONDING PARTY: Plaintiff Allison Lee

Demurrer to First Amended Complaint

The court considered the moving, opposition, and reply papers filed in connection with the demurrer.

BACKGROUND

Plaintiff Allison Lee (“Plaintiff”) filed this action on May 4, 2021. On September 27, 2021, Plaintiff filed her operative First Amended Complaint against defendants The Regents of the University of California, Ronald Reagan UCLA Medical Center, University of California Los Angeles, and Rita Jue Quan.[1] Plaintiff’s First Amended Complaint alleges eight causes of action for (1) disability discrimination in violation of FEHA; (2) disability harassment in violation of FEHA; (3) failure to provide reasonable accommodation in violation of FEHA; (4) failure to engage in the interactive process; (5) retaliation for engaging in a protected activity in violation of FEHA; (6) failure to prevent discrimination, harassment, and retaliation in violation of FEHA; (7) violation of Labor Code section 1102.5; and (8) intentional infliction of emotional distress.

Defendant Rita Jue Quan (“Defendant”) demurs to Plaintiff’s second cause of action for disability harassment and eighth cause of action for intentional infliction of emotional distress.

DEMURRER

The court sustains Defendant’s demurrer to the second cause of action for disability harassment in violation of FEHA because Plaintiff has not alleged (1) conduct constituting actionable harassment, instead alleging that Defendant made personnel decisions or (2) conduct demonstrating that the claimed harassing conduct was based on her disability. (Janken v. GM Hughes Electronics (1996) 46 Cal.App.4th 55, 64-65 [making a personnel decision, including a performance evaluation, is conduct of a type fundamentally different from the type of conduct that constitutes harassment].) Plaintiff has therefore failed to allege facts sufficient to constitute a cause of action. (Code Civ. Proc., 430.10, subd. (e).)

The court sustains Defendant’s demurrer to the eighth cause of action for intentional infliction of emotional distress because the claim is barred by the workers’ compensation exclusivity doctrine and therefore fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc., 430.10, subd. (e).) In support of this cause of action, Plaintiff has alleged certain kinds of conduct (namely, Defendant’s criticism of her performance and accusation that she mis-delivered medication while working) that is considered to be “a normal part of the employment relationship” and therefore “covered by the workers’ compensation exclusivity provisions.” (Shoemaker v. Myers (1990) 52 Cal.3d 1, 25.)

The court also sustains Defendant’s demurrer to the eighth cause of action for intentional infliction of emotional distress because Plaintiff has failed to allege extreme and outrageous conduct by Defendant. (Hughes v. Pair (2009) 46 Cal.4th 1035, 1050.) Plaintiff has therefore not alleged facts sufficient to constitute a cause of action. (Code Civ. Proc., 430.10, subd. (e).)

ORDER

The court sustains Defendant’s demurrer to the second cause of action for disability harassment in violation of FEHA. (Code Civ. Proc., 430.10, subd. (e).)

The court sustains Defendant’s demurrer to the eighth cause of action for intentional infliction of emotional distress. (Code Civ. Proc., 430.10, subd. (e).)

The court grants Plaintiff leave to file a second amended complaint that amends the second and eighth causes of action within 20 days of the date of this order.

The court orders defendant Rita Jue Quan to give notice of this ruling.

IT IS SO ORDERED.

DATED: May 13, 2022

Robert B. Broadbelt III

Judge of the Superior Court


[1] On October 8, 2021, defendants Ronald Regan UCLA Medical Center and University of California Los Angeles were dismissed without prejudice.


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