Luann Lee v. City and County of San Francisco, San Francisco Municipal Transit Agency, Robert Wolfgang, and Does 1-40
Published: Jan. 8, 2021 | Result Date: Dec. 3, 2020 | Filing Date: Oct. 19, 2011 |Case number: CGC-11-515218 Bench Decision – Defense
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Russell A. Robinson
(Law Office of Russell A. Robinson)
Defendant
Boris Reznikov
(Office of the San Francisco City Attorney)
Facts
Plaintiff Luann Lee is an employee of San Francisco Municipal Transit Agency as a transit fare inspector. Plaintiff filed a complaint against defendants SFMTA and Robert Wolfgang alleging harassment and discrimination in violation of the California Fair Employment Housing Act.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff alleged that in early 2009, her immediate supervisor Wolfgang harassed her. Plaintiff contended that when Wolfgang and her are alone, Wolfgang belittled her by making harassing comments to plaintiff as being a "little Chinese woman." Plaintiff also contended that Wolfgang made derogatory comments to plaintiff such as her "English was not good." Plaintiff contended that defendant SFMTA was liable for failing to remedy the Wolfgang's harassment and discriminatory actions towards plaintiff.
DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's contentions. Defendant contended that from the date that plaintiff filed her complaint, she had not filed any motions, pleadings or any actions on her cause. In addition, defendant contended that plaintiff failed to appear during an order to show cause hearing.
Result
The court granted defendants' motion to dismiss plaintiff's complaint for failure to prosecute. Plaintiff's complaint was dismissed with prejudice.
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