Pinero

Pinero v. SPECIALTY RESTAURANTS CORP.

Good Law
130 Cal. App. 4th 635·2005 Cal. App. LEXIS 994·2005 Daily Journal DAR 7535·30 Cal. Rptr. 3d 348·2005 Cal. Daily Op. Serv. 5531
Court of Appeal of CaliforniaJune 22, 2005B177111California4,676 words

Opinion

Opinion

Boland, J.

Appellant Alberto Pinero sued his former employer, respondent Specialty Restaurants Corporation (SRC), for retaliation. Pinero claimed that SRC forced him to resign after learning Pinero had filed an age discrimination action against another former employer, who also was a city council member in a city where SRC conducted business. Following the presentation of Pinero’s case-in-chief at trial, SRC moved for nonsuit when Pinero rested. The trial court found Pinero did not establish he was subjected to any form of adverse employment action, and granted the motion. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In October 1998, SRC hired Pinero as general manager of Luminarias, a restaurant in Monterey Park. When he was hired, Pinero was a plaintiff in a pending age discrimination action against Alfred Balderrama, his former employer and a member of the Monterey Park City Council. Pinero did not inform SRC about his lawsuit against Balderrama.

In January 1999, Pinero was transferred and promoted to general manager of the Castaways Restaurant in Burbank, SRC’s “flagship” restaurant in Southern California, and a larger facility than Luminarias. Pinero’s immediate supervisor…

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