Kelley

MEMORANDUM OPINION AND ORDER ON DEFENDANTS’ MOTION TO DISMISS AND MOTION TO STRIKE

This is an action in diversity for damages under California’s Fair Employment and Housing Act (“FEHA”) by plaintiff Teressa Kelley (“Plaintiff’) against Defendant Corrections Corporation of America (“Defendant”). In her complaint, Plaintiff alleges four claims under FEHA; unlawful discrimination based on physical disability, failure to accommodate physical disability, failure to engage in the interactive process and retaliation. Plaintiff also alleges a common law claim for wrongful termination in violation of public policy. With regard to each of the five claims for relief, Plaintiff also seeks punitive damages. In the instant motion, Defendant seeks dismissal of each of Plaintiffs claims under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Defendant also moves to strike each of Plaintiffs claims for punitive damages pursuant to Rule 12(f) of the Federal Rules of Civil Procedure. Diversity jurisdiction exists pursuant to 28 U.S.C. § 1332 . Venue is proper in this court.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

The following facts are alleged in Plaintiffs complaint and are presumed true…