Tu

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS

Defendant Regents of the University of California (erroneously sued as UCSD Medical Center) (“Defendant”) moves to dismiss for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiffs Anh T. Tu and Rhoda Wallace (“Plaintiffs”) oppose. All parties are represented by counsel. The Court decides the matter on the papers submitted and without oral argument pursuant to Civil Local Rule 7.1(d.l).

I. Background

Plaintiffs were Clinical Laboratory Scientists in Defendant’s San Diego Microbiology Department. Plaintiff Tu is an Asian female, and Plaintiff Wallace is an African-American female. Plaintiffs allege that Defendant’s failure to promote them to Clinical Laboratory Technician Specialists when positions became available was discriminatory. Plaintiff Tu continues to work for UCSD. In April 2001, Plaintiff Wallace resigned.

On December 26, 2001 Plaintiffs filed a complaint in San Diego County Superior Court alleging eight causes of action: (1) discrimination in violation of Title VII; (2) violation of 42 U.S.C. § 1981 ; (3) breach of contract; (4) breach of the…