Doutherd

I. INTRODUCTION

Appellant Tyrone Doutherd was employed by respondent UPS Freight, an alleged subsidiary of respondent United Parcel Service, Inc. (UPS), as a truck driver. After Doutherd sustained job-related injuries in 2015, he brought an action against UPS and UPS Freight in federal district court alleging numerous claims arising from fraud, discrimination, harassment, and retaliation by UPS and UPS Freight. (Doutherd v. Montesdeoca (E.D.Cal., No. 2:17-cv-02225-MCE-EFB) (Doutherd I).) The federal district court granted the defendants’ summary judgment motion in a May 5, 2021 order. Thereafter, Doutherd filed the instant state court action (Doutherd II) similarly alleging that defendants UPS Freight and UPS had committed fraud, discrimination, harassment, and retaliation in violation of the Fair Employment and Housing Act, Gov. Code, § 12940 et eq.) and that he had received a right to sue letter from the Department of Fair Employment and Housing. Doutherd also named respondent Gabriela Estrada, a human resources employee, as a defendant. UPS Freight and UPS filed demurrers to Doutherd’s original complaint and first amended complaint, and the trial court ultimately sustained the…