Kelly

These appeals arise out of a summary judgment granted to defendant Stamps.com Inc., in plaintiff Megan A. Kelly’s action for wrongful termination and nonpayment of wages. In B167287, plaintiff appeals from that judgment, while in B171369 defendant appeals from a postjudgment order denying its motion for attorney fees.

On plaintiff’s appeal, we conclude that summary judgment should not have been granted, except with respect to two causes of action. We reverse the judgment and remand for entry of a limited summary adjudication order. On defendant’s appeal, we affirm the order denying attorney fees, as defendant is no longer the prevailing party entitled to claim them.

THE SUMMARY JUDGMENT

FACTS

Plaintiff’s first amended complaint (FAC) alleged at its outset claims for violation of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.; FEHA) and of public policy, to the effect that defendant on February 6, 2001 had discharged plaintiff from her employment as its vice-president of marketing, “because she was seven months pregnant and was planning on taking her promised paid maternity leave in connection with the birth of her child in April of 2001.” A third…