Ortega

BACKGROUND

A. Ortega’s Employment We summarize the facts only briefly here. A more complete recitation may be found in our prior opinion. (Ortega v. Carson Wild Wings, LLC [July 31, 2023, B309931] (Ortega v. Carson Wild Wings).) CWW owned and operated Buffalo Wild Wings restaurant, at which Ortega worked as a server. In April 2017, CWW began the process of terminating Ortega’s employment due to alleged misconduct. After CWW decided to fire Ortega but before it completed the termination, she complained to managers about the restaurant’s violation of meal and rest break requirements. CWW fired her three days later.

2 B. Lawsuit Ortega sued CWW and two of its executives, asserting causes of action for wrongful termination, retaliation, infliction of emotional distress and, in her sixth cause of action, failure to produce wage statements and personnel records in violation of 1 Labor Code sections 226 and 1198.5. The trial court granted Ortega’s unopposed motion for summary adjudication of her sixth cause of action, and the matter went to jury trial on the remaining five causes. At trial, Ortega’s theory was that the timing of her termination, occurring as it did three days…