Filed 6/20/19; Certified for Partial Publication 7/17/19 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ---- NANCY ORTIZ, C081091 Plaintiff and Appellant, (Super. Ct. No. 39-2013- 00298176-CU-WT-STK, v. STKCVUWT20130005975) DAMERON HOSPITAL ASSOCIATION et al., Defendants and Respondents. Plaintiff Nancy Ortiz brings this employment discrimination case against her former employer Dameron Hospital Association (Dameron) and former supervisor Doreen Alvarez (collectively defendants), alleging that she was discriminated against and subjected to harassment based on her national origin (Filipino) and age (over 40) at the hands of Alvarez, and that Dameron failed to take action to prevent it in violation of the California Fair Employment and Housing Act (the FEHA) (Gov. Code, § 12900 et seq.).1 1 Undesignated statutory references are to the Government Code. 1 Ortiz claims that she was forced to resign due to the intolerable working conditions created by Alvarez in order to accomplish Alvarez’s goal of getting rid of older, Filipino employees, like Ortiz, who, in Alvarez’s words, “could not speak English,” had “been there too long,” and “ma[d]e too much money.” The complaint asserts causes of action for discrimination (§ 12940, subd. (a); against Dameron), harassment (§ 12940, subd. (j); against Dameron and Alvarez), retaliation (§ 12940, subd. (h); against Dameron), failure to take all reasonable steps necessary to prevent discrimination and harassment from occurring (§ 12940, subd. (k); against Dameron), and injunctive relief (Code Civ. Proc., § 526; against Dameron).2 The complaint also prays for punitive damages. Defendants moved for summary judgment, or in the alternative summary adjudication. The trial court granted defendants’ motion for summary judgment. The trial court found that Ortiz could not make a prima facie showing of discrimination because she cannot show that she suffered an adverse employment action, and could not make a prima facie showing of harassment because she cannot show that any of the complained of conduct was based on her national origin or age.3 The trial court determined that the remaining causes of action as well as the claims for injunctive relief and punitive damages were derivative of the discrimination and harassment causes of action and thus had no merit. Ortiz appeals, contending that there are triable issues of material fact as to each of her causes of action, except retaliation, and her claims for injunctive relief and punitive damages. We agree in part. We will reverse the judgment and direct the trial court to 2 While denominated a “cause of action” in the complaint, injunctive relief is a remedy, not a cause of action. (McDowell v. Watson (1997) 59 Cal.App.4th 1155, 1159.) 3 Ortiz did not oppose defendants’ motion for summary judgment, or in the alternative summary adjudication, as to her retaliation cause of action, and the trial court entered summary judgment on that cause of action in Dameron’s favor as well. Ortiz does not challenge that portion of the trial court’s ruling on appeal. 2 vacate its order granting summary judgment and enter a new order granting summary ...
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals