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Torts
Assault
Unlawful Detention

Amber Garcia v. Macy's West Stores Inc., and Does 1-100 inclusive

Published: Jan. 22, 2021 | Filing Date: May 31, 2016 |

Case number: CGC-16-552294 Arbitration –  Respondent

Judge

Ethan P. Schulman

Court

San Francisco County Superior Court


Attorneys

Petitioner

Todd M. Friedman
(Law Offices of Todd M. Friedman PC)


Defendant

Julia H. Azrael
(Nemecek & Cole)


Facts

Claimant Amber Garcia requested relief against Respondent Macy's West Stores, Inc, for an employment dispute that was alleged to have involved wrongful constructive termination, assault, negligent infliction of emotional distress, and other claims.

Contentions

CLAIMANT'S CONTENTIONS: Claimant contended Respondent subjected Claimant to negligent infliction of emotional distress and assault when Respondent illegally held Claimant for six hours without water or food because Claimant used her personal credit card issued by Respondent. Claimant further contended Respondent held Claimant against her will as an employee of Macys Inc., for the sole purpose of reprimanding Claimant for her use of her Macy's credit card. Claimant contended Respondent did not permit Claimant to use the restroom and Claimant did not have a history of making illegal purchases or engaging in any type of fraudulent activity with her Macy's credit card.

RESPONDENT'S CONTENTIONS: Respondent denied Claimant's contentions and moved to dismiss the Petition as untimely and unexhausted. Respondent contended Claimant stopped participating in the litigation and arbitration process, thus the case must be dismissed.

Result

The court dismissed the case with prejudice.


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