Albrecht

FACTS

I.

CASE INITIATION, EARLY PROCEEDINGS, AND FIRST TRIAL

This case has its genesis in the 2013 termination of plaintiff from his employment at UCI, which UCI claimed was a result of excessive unexcused absences, and the events leading up to it. After his termination, plaintiff filed suit against defendant for purported violations of the Family

2 and Medical Leave Act (29 U.S.C. § 2601 et seq.; FMLA), the California Family Rights Act of (Gov. Code, § 12945.1 et seq.; CFRA), the California Fair Employment and Housing Act (Gov. Code; § 12900 et. seq.; FEHA), and various other state laws. Among other allegations, he claimed age and disability discrimination, harassment, failure to prevent harassment, and retaliation for use of FMLA/CFRA leave.1 Defendant moved for summary judgment, or in the alternative, summary adjudication. The trial court denied the former but granted the latter as to eight of 11 causes of action. Left remaining for trial were three FEHA based claims—harassment, failure to prevent harassment and failure to engage in the interactive process. At trial, defendant prevailed on the three remaining claims. Specifically, the court granted defendant’s motion for…