Cavanaugh

Cavanaugh v. Southern California Permanente Medical Group, Inc.

Good Law
583 F. Supp. 2d 1109·2008 WL 4755759·2008 U.S. Dist. LEXIS 109077
United States District Court, Central District of CaliforniaSeptember 10, 2008CV 06-4930-GW (JTLx)California11,881 words

Opinion

Opinion

George, J.

STATEMENT OF REASONS Re RULINGS ON MOTIONS FOR SUMMARY JUDGMENT

I. INTRODUCTION

Plaintiff Eileen Cavanaugh (“Plaintiff’), a certified registered nurse anesthetist (“CRNA”), employed by defendant Southern California Permanent Medical Group (“SCPMC”), reported to work on June 22, 2005, apparently in an inebriated state. As a result of that incident, Plaintiff and SCPMC entered into a “Last Chance Chemical Dependency Rehabilitation Agreement” which required Plaintiff inter alia to enroll in and complete a “chemical dependency recovery program.” Plaintiff purportedly failed to complete such a program and was terminated. During the relevant period, Plaintiff was a member of and represented by a union, i.e., defendant Kaiser Permanente Nurse Anesthetists Association (“KPNAA”). The KPNAA filed a grievance on Plaintiffs behalf but did not seek to arbitrate the matter.

In her First Amended Complaint (“FAC”), Plaintiff alleges causes of action for: 1) violation of the Family Medical Leave Act (“FMLA”), 29 U.S.C. § 2601 et seq., 2) breach of employment contract, 3) breach of duty of fair representation against the KPNAA under 29 U.S.C. § 185 et seq., 4) breach of the implied covenant of…

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