Rohm

Rohm v. Homer

Good Law
367 F. Supp. 2d 1278·2005 WL 1027042
United States District Court, Northern District of CaliforniaMay 3, 2005C-04-02949 RMWCalifornia4,233 words

Opinion

Opinion

Whyte, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS

[Re Docket No. 22]

Plaintiff Shelly Rohm (“Rohm”) sued her former employer, International Laborers’ Union of North America, Local Union 270 (“Local 270”), and her former supervisors, James Homer (“Homer”) and Geraldo Esparza (“Esparza”) (collectively “defendants”) for wrongful termination of employment. Defendants move for judgment on the pleadings on Rohm’s first, second, third, fourth, and sixth causes of action. Rohm opposes the motion. The court has read the moving and responding papers and considered the arguments of counsel. For the reasons set forth below, the court grants defendants’ motion in part and denies it in part.

I. BACKGROUND

Rohm’s complaint alleges as follows. Rohm began working for Local 270 on September 10, 2001 as Homer’s secretary. Compl. ¶ 9. Her job performance was satisfactory. Compl. ¶ 9. However, she was “subject to severe harassment,” including (1) Esparza “continually offer[ing] alcohol ... during business hours in a threatening manner”; (2) being “constantly sworn at by managing employees”; (3) being “prohibited ... from contacting police when the office…

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