DAMERON HOSPITAL ED VISITS TRIAL

The trial court determined that the remaining causes of action and claims for injunctive and declaratory 1 Undesignated statutory references are to the Government Code. The trial court likewise found that she 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. The trial court found that Galvan could not make a prima facie showing of discrimination because she could not establish that she suffered an adverse employment action or that Dameron acted with a discriminatory motive. The trial court granted defendants’ motion for summary judgment. Defendants moved for summary judgment, or in the alternative summary adjudication. Proc., § 526 against Dameron).2 The complaint also prays for punitive damages. (k) against Dameron), wrongful termination in violation of public policy (against Dameron), declaratory relief (discrimination) (against Dameron), and injunctive relief (Code Civ.

(j) against Dameron and Alvarez), failure to take all reasonable steps to prevent discrimination and harassment (§ 12940, subd. (a) against Dameron), harassment (§ 12940, subd. Code, § 12900 et seq.).1 Galvan claims that she was forced to take a medical leave of absence and ultimately quit due to the intolerable working conditions created by Alvarez in order to accomplish Alvarez’s goal of getting rid of older, Filipino employees, like Galvan, who, in Alvarez’s words, “could not speak English,” had “been there too long,” and “mae too much money.” The operative second amended complaint asserts causes of action for discrimination (§ 12940, subd. Plaintiff Shirley Galvan 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 (54) at the hands of Alvarez, and that Dameron failed to take action to prevent it in violation of the 1 California Fair Employment and Housing Act (the FEHA) (Gov. DAMERON HOSPITAL ASSOCIATION et al., Defendants and Respondents. The trial court was directed to vacate its order granting summary judgment, and to enter a new order granting summary adjudication of Galvan's retaliation cause of action and request for punitive damages as to Dameron, but denying summary adjudication of her discrimination, harassment, and failure to take necessary steps to prevent discrimination and harassment causes of action, her claim for injunctive relief, and her request for punitive damages as to Alvarez.įiled 6/20/19 Certified for Partial Publication 7/17/19 CA3 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) - SHIRLEY GALVAN, C081092 Plaintiff and Appellant, (Super.

The Court of Appeal agreed in part, and reversed judgment.

Galvan appealed, contending there were triable issues of material fact as to each of her causes of action, except retaliation, and her claims for injunctive relief and punitive damages. 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. The trial court granted defendants’ motion for summary judgment, finding that Galvan could not make a prima facie showing of discrimination because she could not 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. Galvan claimed 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 Galvan, who, in Alvarez’s words, “could not speak English,” had “been there too long,” and “mae too much money.” Defendants moved for summary judgment, or in the alternative summary adjudication. Plaintiff Shirley Galvan sued her former employer and former supervisor, Dameron Hospital Association (Dameron) and 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).

Dameron hospital ed visits