Bahar Mikhak v. University of Phoenix Inc., et al.
Published: Mar. 31, 2023 | Result Date: Dec. 7, 2022 | Filing Date: Sep. 7, 2021 |Case number: 3:21-cv-06919-CRB Bench Decision – Dismissal
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Defendant
Marlene S. Muraco
(Littler Mendelson PC)
Facts
Bahar Mikhak brought an action against her former employer, University of Phoenix, Inc. (UOP) and individual UOP employees, contending that the UOP defendants failed to hire or promote her because of her religion, subjected her to a hostile work environment, and retaliated against her, all in violation of Title VII and the Fair Employment and Housing Act.
The court granted UOP's motion to compel arbitration but ultimately dismissed the case for failure to prosecute.
Thereafter, Mikhak filed a new case, again suing UOP and individual UOP employees, as well as the law firm Littler Mendelson, P.C. and individual attorneys who had represented UOP in the first lawsuit.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that Littler Mendelson and the attorney defendants committed fraud, and violated related statutes, by making false representations to the court in the course of the first litigation. Plaintiff also asserted that the UOP defendants committed fraud, and violated related statutes, by drafting and implementing the arbitration agreement improperly, by lying to the court in the course of the first litigation, and by giving a false reference when a prospective employer inquired about plaintiff.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions.
Result
Defendants' motion to dismiss was granted.
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