This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Labor Law
Family and Medical Leave Act

Carolyn Escalante v. San Francisco Community College District and Board of Trustees

Published: Mar. 19, 2021 | Result Date: Feb. 11, 2021 | Filing Date: Sep. 11, 2018 |

Case number: 3:18-cv-05562-HSG Summary Judgment –  Defense

Judge

Haywood S. Gilliam Jr.

Court

USDC Northern District of California


Attorneys

Petitioner

Pro Per


Respondent

Maria M. Lampasona
(Rankin, Shuey, Ranucci, Mintz, Lampasona & Reynolds)

Sheena B. Patel
(Lombardi, Loper & Conant, LLP)

Katharine R. McDonagh
(Weinberg, Roger & Rosenfeld)


Facts

On September 11, 2018, plaintiff Carolyn Escalante filed a pro se complaint for civil rights violation against defendants the San Francisco Community College District and Service Employees International Union, Local 1021.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants unlawfully interfered with plaintiff's rights under the Family Medical Leave Act. Specifically, plaintiff contended that she was approved for and took FMLA leave; however, the amount of leave was improperly calculated.

DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff's causes of action against the SFCCD defendants were barred by the 11th amendment and common law immunity. Defendant contended that plaintiff failed to allege specific acts for a constitutional cause of action.

Result

The district court granted defendant's motion to dismiss plaintiff's third amended complaint. Plaintiff's federal claims were dismissed with prejudice.


#136706

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390