Pang

Pang v. Beverly Hospital, Inc.

Good Law
2000 Cal. App. LEXIS 270·2000 Daily Journal DAR 3715·79 Cal. App. 4th 986·94 Cal. Rptr. 2d 643·6 Wage & Hour Cas.2d (BNA) 180
Court of Appeal of CaliforniaApril 10, 2000B127999California4,994 words

Opinion

Opinion

Perez, J.

Plaintiff Marjorie Pang appeals from the judgment of dismissal entered after the court granted its own motion for judgment on the pleadings on her claim for violation of her right to take a family care leave. (Gov. Code, § 12945.2.) For the reasons set forth below, we affirm the judgment.

Procedural History

Plaintiff and appellant Marjorie Pang sued her employer, defendant and respondent Beverly Hospital, Inc. (the Hospital), after the Hospital fired Pang from her job as a physical therapist. Pang’s operative first amended complaint alleged three causes of action; (1) she was fired in violation of the Moore-Brown-Roberti Family Rights Act (Gov. Code, §§ 12945.1, 12945.2, hereafter CalFRA) for taking time off work to care for her mother; (2) she was fired because of her own medical condition or medical disability, in violation of the Fair Employment and Housing Act (Gov. Code, § 12940, subd. (a)); and (3) she was fired in violation of public policy.

In July 1998 Pang brought a motion for summary adjudication of her CalFRA cause of action. The moving and opposing papers were supported by documentary evidence, witness declarations, and deposition testimony.

At the start…

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