Mora

Mora v. Chem-Tronics, Inc.

Good Law
16 F. Supp. 2d 1192·1998 WL 601451·5 Wage & Hour Cas.2d (BNA) 475·1998 U.S. Dist. LEXIS 12603
United States District Court, Southern District of CaliforniaJuly 1, 199897cv0851-J (JFS)California24,027 words

Opinion

Opinion

Jones, J.

ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, AND ORDER GRANTING AS MOOT PLAINTIFF’S MOTION TO STRIKE ALL OF DEFENDANT’S AFFIRMATIVE DEFENSES SAVE NUMBER NINETEEN, AND ORDER DENYING DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT

Javier Mora (“Plaintiff’) filed this instant action alleging that Chem-tronics (“Defendant”) violated the Family Medical Leave Act (“FMLA”) 29 U.S.C. § 2601 et seq. and the California Family Rights Act (“CFRA”) Cal. Gov’t Code § 12945.2 et seq. Now before this Court is Plaintiffs motion for partial summary judgment as to liability on his: 1) third cause of action — violations of public policy under CFRA and FMLA; 2) fourth cause of action — discrimination under CFRA; 3) fifth cause of action — retaliation under CFRA; 4) sixth cause of action — unlawful employment practice under CFRA; and 5) seventh cause of action — interference with the exercise of rights under FMLA. Additionally, Plaintiff moves to strike Defendant’s third, eighth, ninth, tenth, eleventh, nineteenth, and twenty-first affirmative defenses.

In its opposition, Defendant filed a cross-motion for partial summary judgment on Plaintiffs CFRA based claims found in the fourth, fifth,…

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