Diaz

Diaz v. Federal Express Corp.

Good Law

373 F. Supp. 2d 1034·2005 WL 1444525·2005 U.S. Dist. LEXIS 17215

United States District Court, Central District of CaliforniaJune 21, 2005CV 03-4765 SVW (AJWx)California16,716 words

Opinion

Wilson, J.

AMENDED ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT FEDERAL EXPRESS’ MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION.

I. INTRODUCTION

Originally filed in California Superior Court on May 30, 2003, this action alleges wrongful termination in violation of public policy; disability discrimination in violation of Cal. Gov’t Code § 12940(a); failure to provide a reasonable accommodation for a disability in violation of Cal. Gov’t Code § 12940(m); breach of contract; breach of the implied covenant of good faith and fair dealing; deceit; and violation of Cal. Bus. & Prof.Code § 17200. Plaintiff Gilbert R. Diaz, II, (“Plaintiff’) seeks damages from Defendant Federal Express Corporation (“Defendant” or “Federal Express”) consisting of special damages for the loss of past and future income, medical expenses, and other benefits; prejudgment interest on these sums; general damages for emotional distress; punitive damages; attorneys’ fees; costs of suit; and any other relief the Court may deem appropriate.

This action was removed to this Court on July 3, 2003 pursuant to 28 U.S.C. § 1441 . This Court has jurisdiction over the action pursuant to 28 U.S.C. § 1332 , as there is…

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