Gutierrez

MEMORANDUM AND ORDER

Plaintiff brought this action in California state court alleging: (1) violation of California Labor Code section 230; and (2) termination in violation of public policy. Defendant removed the action to this court based on diversity jurisdiction. Defendant now moves for judgment on the pleadings as to plaintiffs claim under section 230.

I. Factual and Procedural Background

Plaintiff Delores Gutierrez was summoned for jury duty on or about September 9, 2002, and plaintiff allegedly gave defendant RWD Technologies, Inc. reasonable notice that she was required to serve. (Cmpl.¶ 7). According to plaintiff, on or about October 7, 2002, defendant engaged in actions with the intent of discriminating against plaintiff because of her need to take time off for jury service. (Id. ¶ 6). Plaintiff alleges that defendant’s discriminatory conduct resulted in plaintiffs termination on November 7, 2002. (Id.). Plaintiff further alleges that, as a proximate result of defendant’s conduct, plaintiff has suffered: (1) loss of wages, salary, and benefits; (2) the intangible loss of employment related opportunities; and (3) humiliation, mental anguish, and emotional and physical…