Thomas

Thomas v. Goodwill Industries CA1/5

Good Law
Court of Appeal of CaliforniaNovember 25, 2024A169116California973 words

Opinion

Opinion

Chou, J.

I. FACTS AND PROCEDURAL HISTORY

Thomas filed an unverified pro se complaint against defendant and respondent Goodwill Industries (Goodwill) in March 2023. She used a Judicial Council form designed for personal injury, property damage, and wrongful death claims, a Judicial Council form for contract claims, and a breach of contract attachment. In a handwritten attachment, she alleged that she was bringing a “discrimination complaint” based on the fact that she is “an African American female” and in March 2022 two “white female employees” made a “false 911 call” to the South San Francisco police department to have her escorted from Goodwill’s property. Thomas further

1 alleged that in May 2022 she was “banned from the property and all Chap[ter] 7 Goodwill stores.” Goodwill filed a demurrer, alleging that the complaint failed to state a cause of action. Thomas did not file a memorandum of points and authorities in opposition. The trial court sustained the demurrer, explaining that the complaint did not sufficiently plead the elements of breach of contract, was unclear as to the legal theory Thomas was pursuing for her discrimination claim, and did not allege the elements of a…

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