Blue Banner Company v. Superior Court CA4/2

I.

INTRODUCTION

Petitioner Blue Banner Company, Inc. (BB) terminated the employment of real

party in interest Hermenegildo Gonzalez, after he was observed allowing a subordinate

employee to operate a forklift in an unsafe manner. Gonzalez filed a wrongful

termination complaint and first amended complaint (FAC) against BB and other

defendants, alleging age and disability discrimination, retaliation, and other related

claims.

The trial court denied BB’s request for summary judgment but granted BB’s

motion for summary adjudication of the second and fourth causes of action for age

harassment and disability harassment. The trial court also granted summary adjudication

of the twelfth cause of action for intentional infliction of emotional distress, and as to

punitive damages. The trial court denied summary adjudication of the remaining causes

of action.

BB filed a petition for writ of mandate requesting this court to issue a writ of

mandate directing the trial court to vacate its order denying BB’s motion for summary

judgment and enter a new order granting it. BB contends that Gonzalez failed to raise a

triable issue of fact. We disagree and deny BB’s request for a writ…