Robin Love v. The Permanente Medical Group, Kaiser Foundation Hospitals, Kaiser Foundation Health Plan
Published: Jan. 25, 2014 | Result Date: Dec. 19, 2013 | Filing Date: Jan. 1, 1900 |Case number: 3:12-cv-05679-WHO Bench Decision – Dismissal in part
Court
USDC Northern
Attorneys
Plaintiff
Defendant
David C. Anderson
(Anderson Law)
David M. Rosenberg-Wohl
(Hershenson Rosenberg-Wohl APC)
Facts
Robin Love worked as a licensed clinical social worker for a Kaiser Permanente facility in South San Francisco. In February 2011, one of Love's patients told another therapist that he wanted to murder Love. Love requested that her employer obtain a restraining order on her behalf to protect her, however none was obtained. Love complained regarding Kaiser's failure to provide a safe environment.
The following year, Love was placed on administrative leave, and then fired. Love then filed grievances against her employer's disciplinary actions and when her grievances were denied she filed suit.
Contentions
PLAINTIFF'S CONTENTIONS:
Love contended that after she complained of Kaiser's refusal to obtain a restraining order, her supervisor, Kenneth Shigematsu, initiated disciplinary proceedings against her for her alleged poor clinical care of her patients. Love argued that she was fired in retaliation for her complaints about workplace safety issues. She asserted causes of action for retaliation, discrimination, wrongful termination, breach of contract wrongful termination of hospital privileges, intentional infliction of emotional distress, violation of right to fair procedure, and injunctive relief.
DEFENDANT'S CONTENTIONS:
Defendants moved to dismiss, arguing that Love had not alleged sufficient facts to support her claims.
Result
The court granted defendants' motion to dismiss with regards to Love's first and fourth causes of action, those for retaliation and breach of contract. Plaintiff's remaining five claims are set to go to trial in November.
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