Brandon

Brandon v. Rite Aid Corp., Inc.

Good Law
408 F. Supp. 2d 964·2006 WL 39065·2006 U.S. Dist. LEXIS 1932
United States District Court, Eastern District of CaliforniaJanuary 5, 20061:04-cr-05291California7,283 words

Opinion

Opinion

Wanger, J.

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (DOC. 25).

I. INTRODUCTION

This is a state-law sex discrimination lawsuit filed by Plaintiff Deanna Lee Brandon (“Plaintiff’ or “Brandon”) against her former employer Rite Aid Corporation (“Defendant” or “Rite Aid”). Before the court for decision is Rite Aid’s motion for summary judgment, or, in the alternative, for summary adjudication of the sufficiency of Plaintiffs evidence concerning punitive damages. (Doc. 25, filed Oct. 13, 2005.) After oral argument on this motion, Plaintiff was invited to submit supplemental citations to the record. (Doc. 44, filed Nov. 14, 2005.) This supplemental filing, along with Defendant’s response (Doc. 45, filed Nov. 15, 2005), have been fully considered.

II. PROCEDURAL HISTORY

Brandon filed suit against Rite Aid in the Superior Court for the County of Kern on December 24, 2003. (Doc. 1, Ex. A.) On February 13, 2004, Rite Aid removed on the basis of diversity jurisdiction. (Doc. 1.) Brandon’s first cause of action alleges “[djiscipline, [djemotion and [tjermination in violation public policy.” (Compl. at ¶¶ 8-14). The second cause of action alleges retaliation.

Defendant moved to dismiss…

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