Jayme Tipton v. Airport Terminal Services, Inc., Edgar Trujillo, Melissa Doe, and Does 1 through 100
Published: Jun. 26, 2020 | Result Date: Apr. 27, 2020 | Filing Date: Nov. 8, 2018 |Case number: 2:18-cv-09503-AB-JEM Summary Judgment – Defense
Judge
Court
CD CA
Attorneys
Plaintiff
Carney R. Shegerian
(Shegerian & Associates Inc.)
Aaron G. Gbewonyo
(Shegerian & Associates Inc.)
Anthony Nguyen
(Shegerian & Associates Inc.)
Defendant
Aaron R. Lubeley
(Seyfarth Shaw LLP)
Meagan S. O'Dell
(Seyfarth Shaw LLP)
Simon Lee Yang
(Diversity Law Group PC)
Facts
Plaintiff Jayme Tipton was working as a Groomer to perform housekeeping duties on planes for defendant Airport Terminal Services, Inc. Plaintiff sued defendant alleging wrongful termination.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended she suffered an injury while performing housekeeping duties on a plane. Plaintiff informed her supervisor, Damian Neri, of her injury and her intent to seek medical treatment. Plaintiff went to see a doctor who diagnosed her with a tear in her rotator cuff and placed her on leave. Plaintiff alleged she received a phone call from a human resources representative telling her ATS needed to fill her position and requesting plaintiff to voluntarily resign from her position at ATS. Plaintiff refused and several days later received a letter terminating her. Plaintiff's replacement was not hired until two months after her employment was terminated.
Plaintiff asserted claims for violation of the Fair Employment and Housing Act; breach of contract; negligent hiring, supervision, and retention; wrongful termination in violation of public policy; and intentional infliction of emotional distress.
DEFENDANT'S CONTENTIONS: Defendant denied the allegations and removed the action based on diversity of jurisdiction. Defendant further moved for summary judgment.
Result
The court found that plaintiff presented no triable issues of material fact and that defendant was entitled to judgment as a matter of law. Judgment was entered in defendant's favor.
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