Kathleen Postal vs Enki Health And Research Systems Inc

Motion for Summary Adjudication

Cal. Super. - 2nd Dist.July 11, 2018

Electronically FILED by Superior) H O W o N S S OO 0 N N N Wn 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Court of California, County of Los Angeles on 03/22/2019 03:28 PM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Soto,Deputy Clerk SPOLIN LAW CORPORATION MICHAEL K. MAHER, SBN 64355 6521 E. Waterton Ave. Orange, CA 92867 Direct: (714) 998-6341 Fax: (714) 998-6961 Email: mmaher@maherlaw.com Attomeys for Defendant Enki Health & Research Systems, Inc. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES KATHLEEN POSTAL, an individual, Case No. BC 713472 Honorable Steven J. Kleifield Co Department: 57 Plaintiff, NOTICE OF MOTION AND MOTION OF DEFENDANT ENKI HEALTH & RESEARCH SYSTEMS, INC. FOR SUMMARY ADJUDICATION OF FIRST, SECOND, THIRD, FOURTH AND SIXTH CAUSES OF ACTION OF THE COMPLAINT VS. ENKI HEALTH & RESEARCH SYSTEMS, INC., an Arizona non-profit corporation; and DOES 1 to 150, inclusive, Defendants. Reservation ID: 180938050186 Hearing Date: June 5, 2019 Time: 8:30 a.m. Dept: 57 N e N r N m N e N e N e N a Na N e N e N e N e N e S s Filed Concurrently Herewith: 1) Memorandum of Points and Authorities; 2) Separate Statement of Undisputed Material Facts; 3) Appendix of Evidence and Declarations; Complaint Filed: July 11, 2018 Trial Date: October 21, 2019 TO PLAINTIFF AND TO HER ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on Wednesday, June 5, 2019, at 8:30 a.m., in Department 57 of the above entitled Court, located at 111 North Hill Street, Los Angeles, CA -1- NOTICE OF MOTION OF DEFENDANT FOR SUMMARY ADJUDICATION OF FIRST, SECOND, THIRD, FOURTH, AND SIXTH CAUSES OF ACTION OF COMPLAINT SH L N OS ND 0 Nd O N Wn 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 90012, Defendant Enki Health & Research Systems, Inc. (Enki”) will, and hereby does, move the Court, pursuant to California Code of Civil Procedure Section 437c(f)(1) for an order granting summary adjudication in favor of Defendant Enki on the First, Second, Third, Fourth, and Sixth Causes of Action of the Complaint, and/or on the claim for punitive damages in the First, Second, Third, Fourth, and Sixth Causes of Action. On this Motion for Summary Adjudication, the issues for determination are as follows: ISSUE NO. 1: Defendant Enki is entitled to summary adjudication on Plaintiff’s First Cause of Action of the Complaint for “Sex/ Gender Based Discrimination” on the following grounds: a. Plaintiff cannot demonstrate a prima facie case of sex/gender discrimination because Plaintiff is unable to establish that she was qualified and performing her position in a satisfactory manner and/or that she was replaced by a person outside of the protected class; b. Defendant had legitimate, non-discriminatory business reasons for terminating Plaintiff’s employment, Plaintiff cannot demonstrate that Defendants’ decision to terminate her was a pretext for sex/gender-based discrimination or a substantial motivating factor for her termination, and, therefore, there is no triable issue of material fact as to sex/gender discrimination. (In support, Defendant relies on Undisputed Material Fact Nos. 1 through 60, inclusive, set Sorth in the Separate Statement and fully incorporated herein by reference.) ISSUE NO. 2: Defendant Enki is entitled to summary adjudication on Plaintiff's Second Cause of Action of the Complaint for “Age Based Discrimination” on the following grounds: a. Plaintiff cannot demonstrate a prima facie case of age discrimination because Plaintiff is unable to establish that she was qualified and performing her position in a satisfactory manner and/or that she was replaced by a significantly younger worker; 5. NOTICE OF MOTION OF DEFENDANT FOR SUMMARY ADJUDICATION OF FIRST, SECOND, THIRD, FOURTH, AND SIXTH CAUSES OF ACTION OF COMPLAINT B L N OO 0 0 ~~ O N Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. Defendant had legitimate, non-discriminatory business reasons for terminating Plaintiff’s employment, Plaintiff cannot demonstrate that Defendants’ decision to terminate her was a pretext for age-based discrimination or a substantial motivating factor for her termination, and, therefore, there is no triable issue of material fact as to age discrimination. (In support, Defendant relies on Undisputed Material Fact Nos. I through 60, inclusive, set Sorth in the Separate Statement and fully incorporated herein by reference.) ISSUE NO. 3: Defendant Enki is entitled to summary adjudication on Plaintiff’s Third Cause of Action of the Complaint for “Retaliation for Making Protected Complaints of Discrimination” on the following grounds: a. Plaintiff cannot demonstrate a prima facie case of retaliation because Plaintiff is unable to establish that she was the subject of discrimination and/or made any complaint of discrimination; b. Defendant had legitimate, non-discriminatory business reasons for terminating Plaintiff’s employment, Plaintiff cannot demonstrate that Defendants’ decision to terminate her was a pretext for retaliation or that retaliation was a substantial motivating factor for her termination, and, therefore, there is no triable issue of material fact as to retaliation for the alleged making of complaints of discrimination. (In support, Defendant relies on Undisputed Material Fact Nos. I through 60, inclusive, set Sorth in the Separate Statement and fully incorporated herein by reference.) ISSUE NO. 4: Defendant Enki is entitled to summary adjudication on Plaintiff's Fourth Cause of Action of the Complaint for “Failure to Prevent Discrimination and Retaliation” on the following grounds: 4. NOTICE OF MOTION OF DEFENDANT FOR SUMMARY ADJUDICATION OF FIRST, SECOND, THIRD, FOURTH, AND SIXTH CAUSES OF ACTION OF COMPLAINT wn bh W N SS OO xX N N N 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a. Plaintiff cannot demonstrate a prima facie case of failure to prevent discrimination and retaliation because Plaintiff is unable to establish that she was the subject of discrimination or retaliation, and therefore, the claim for prevention of discrimination is moot; b. Defendant had legitimate, non-discriminatory business reasons for terminating Plaintiff’s employment, Plaintiff cannot demonstrate that Defendants’ decision to terminate her was a pretext for discrimination or retaliation or that discrimination or retaliation was a substantial motivating factor for her termination, and, therefore, there is no triable issue of material fact as to Defendant’s failure to prevent discrimination. (In support, Defendant relies on Undisputed Material Fact Nos. 1 through 60, inclusive, set Sorth in the Separate Statement and fully incorporated herein by reference.) ISSUE NO. 5: Defendant Enki is entitled to summary adjudication on Plaintiff’s Sixth Cause of Action of the Complaint for intentional infliction of emotional distress on the following grounds: a. Plaintiff is unable to establish any disputed, material fact that she was subjected to “extreme and outrageous” conduct, and/or that the Plaintiff's emotional distress was “severe”, and/ or that Defendants intended to cause Plaintiff emotional distress; b. Plaintiff has alleged only personnel management activity, which is insufficient as a matter of law to state any cause of action for intentional infliction of emotional distress; and/or c. Plaintiff's claims are barred by the exclusivity of workers compensation. (In support, Defendant relies on Undisputed Material Fact Nos. 1 through 60, inclusive, set Sorth in the Separate Statement and fully incorporated herein by reference.) ISSUE NO. 6: Defendant Enki is entitled to summary adjudication pursuant to California Code of Civil Procedure Section 437¢ (f)(1) on Plaintiff’s Claims for Punitive Damages in the First, Second, Third, Fourth, and Sixth Causes of Action of the Complaint on the following grounds: 4. NOTICE OF MOTION OF DEFENDANT FOR SUMMARY ADJUDICATION OF FIRST, SECOND, THIRD, FOURTH, AND SIXTH CAUSES OF ACTION OF COMPLAINT B O W N o NO 0 0 ~~ O N Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 28 26 27 28 a. Plaintiff's claims for punitive damages are without merit and there is no triable issue of material fact re same because Plaintiff is unable to establish any disputed, material fact that she was subjected to oppression, fraud, or malice by Defendant. (In support, Defendant relies on Undisputed Material Fact Nos. 1 through 60, inclusive, set Sorth in the Separate Statement and fully incorporated herein by reference.) This Motion is made on the grounds that there is no merit to, and that there is no triable issue of material fact with respect to, the causes of action and/or claims for damages which are the subject of this motion, and, therefore, that Defendant is entitled to summary adjudication on such causes of action and claims as a matter of law. This Motion is based on this Notice, upon the Memorandum of Points and Authorities, Appendix of Evidence and Declarations, and Separate Statement of Undisputed Material Facts filed concurrently herewith, upon all the records on file herein, and upon such other and further matters as may be presented to the Court at or prior to the hearing of this Motion. Dated: March 22, 2019 SPOLIN LAW CORPORATION w JSP Michael K. Maher Attorneys for Defendant Enki Health & Research Systems, Inc. -5- NOTICE OF MOTION OF DEFENDANT FOR SUMMARY ADJUDICATION OF FIRST, SECOND, THIRD, FOURTH, AND SIXTH CAUSES OF ACTION OF COMPLAINT © WO 0 J AA Wn A W N — N Y NN N N N N N N NN m m m m e m e m e m e m e d e d e t C 0 ~~ O N Wn Bh W I N D —= O O NO N N N R W N Y — CERTIFICATE OF SERVICE CCP 1013a(2 STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) I am an active member of the State Bar of California and my office is located in the County of Orange, State of California. Iam over the age of 18 and not a party to the within action; my business address is 6521 E. Waterton Ave, Orange, CA 92867. On March 22, 2019, I caused to be served the foregoing documents described as: NOTICE OF MOTION AND MOTION OF DEFENDANT ENKI HEALTH & RESEARCH SYSTEMS INC. FOR SUMMARY ADJUDICATION OF FIRST, SECOND, THIRD, FOURTH AND SIXTH CAUSES OF ACTION OF THE COMPLAINT on the interested parties in this action be placing the original thereof enclosed in a sealed envelope addressed as follows: Darren J. Campbell Esq. Chris M. Heikaus Weaver Esq. Aitken Campbell Heikaus Weaver 2030 Main St, Suite 1300 Irvine, CA 92614 (BY MAIL) Isealed the envelope containing the document referenced above and deposited it in the U.S. Mail with postage fully prepaid on the date set forth above. (BY FACSIMILE) I caused the above document(s) to be sent by facsimile transmission to (949) 271-4046 and obtained a written confirmation that such facsimile transmission was received at that number (BY E-MAIL) I caused the above document(s) to be sent in PDF format by E-Mail to the e-mail address previously provided by counsel. X (BY PERSONAL SERVICE) I caused such document to be personally served on the above individuals’ office during their normal business hours (BY OVERNIGHT COURIER) I sealed the envelope containing the document(s) referenced above and deposited them on the date set forth above with Federal Express, an overnight courier service with whom this firm maintains an account, with directions for delivery the next business day. Executed on March 22, 2019, at Orange, California X (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. oC “Michael K. Maher 59) Journal Technologies Court Portal Court Reservation Receipt Reservation Reservation ID: 180938050186 Reservation Type: Motion for Summary Adjudication Case Number: BC713472 Filing Party: Enki Health And Research Systems, Inc. (Defendant) Date/Time: June 5th 2019, 8:30AM Fees Description Motion for Summary Adjudication Credit Card Percentage Fee (2.75%) TOTAL Payment Amount: $513.75 Account Number: XXXX6276