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Employment Law
Retaliation
Wrongful Termination

Rebecca Martinez v. True Blue; Manuel Ontiveros; Lucy Thomas; Clint Bennett; Isabel Corrales

Published: Mar. 29, 2019 | Result Date: Feb. 6, 2019 | Filing Date: Feb. 27, 2017 |

Case number: 17CECG00652 Summary Judgment –  Defense

Judge

Kimberly A. Gaab

Court

Fresno County Superior Court


Attorneys

Plaintiff

Kevin G. Little
(Law Office of Kevin G. Little)


Defendant

Natalie P. Vance
(Klinedinst PC)

Jeffrey R. Groendal
(Klinedinst PC)

Andrea R. Sitar
(Klinedinst PC)


Facts

Rebecca Martinez sued defendants for negligence relating to defendants' treatment of her at work and her eventual termination.

Contentions

PLAINTIFF'S CONTENTIONS: Martinez alleged many acts of harassment and retaliation, including being locked out of her office, reassigned to less desirable positions, subject to lowered sales commissions, verbally berated, denied potential sales leads, capriciously criticized, denied medical leave, defamed, and denied commissions and wages to which she was entitled. Martinez also alleged defendants refused to investigate her claims of mistreatment, interfered with her daily duties, and overtly hindered her ability to effectively work.

DEFENDANTS' CONTENTIONS: Defendants denied all of Martinez's allegations.

Result

The court granted summary judgment as to defendants Lucy Thomas, Clint Bennett, and Isabel Corrales, finding they were not referred to in Martinez's mandatory pre-lawsuit claim filed with the Dept. of Fair Employment and Housing, as required by Government Code section 12960. Martinez conceded the issue, and continued to oppose the motion for summary judgment brought jointly by defendants True Blue and Manuel Ontiveros.


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