Sanders

DISCUSSION

A. STANDARD OF REVIEW

“In reviewing a grant of summary judgment, we independently evaluate the

record, liberally construing the evidence supporting the party opposing the motion, and

resolving any doubts in his or her favor. [Citation.] As the moving party, [the

Department] must show that [Employee] has not established, and reasonably cannot be

expected to establish, one or more elements of the cause of action in question.”

(Patterson v. Domino’s Pizza, LLC (2014) 60 Cal.4th 474, 499-500 (Patterson).)

B. FIRST CAUSE OF ACTION: EMPLOYMENT DISCRIMINATION

Employee’s first cause of action alleged racial discrimination by the Department.

(Gov. Code, § 12940, subd. (a).) The elements of a discrimination cause of action

include “that the plaintiff: (1) was a member of a protected class; (2) . . . was

performing competently in the position . . . she held; (3) suffered an adverse

employment action; and (4) was subject to some other circumstance suggesting

discriminatory motive.” (Diego v. City of Los Angeles (2017) 15 Cal.App.5th 338,

350.)

3 Employee asserts she was discriminated against due to her race, which is a

protected class. (Gov. Code, §§ 12926,…