Jensen

Jensen v. Home Depot, Inc.

Good Law
233 Cal. Rptr. 3d 786·24 Cal. App. 5th 92
Court of Appeal of CaliforniaMay 31, 2018E067002California1,922 words

Opinion

lead Opinion

Miller, J.

*787 *94 In a first amended complaint, Rosa Jensen and Linda Kerr sued their former employer, The Home Depot, Inc., (Home Depot), 1 and their former managers at Home Depot for disability discrimination, wrongful termination, and eight other related claims. Home Depot and the managers (collectively, defendants) demurred to the first amended complaint arguing misjoinder of Jensen and Kerr (collectively, plaintiffs). ( Code Civ. Proc. § 430.10, subd. (d).) 2 The trial court sustained the demurrer without leave to amend, and dismissed plaintiffs' lawsuit with prejudice. Jensen contends the trial court erred by dismissing her lawsuit because the court could have ordered severance (§ 379.5). We reverse the judgment of dismissal with directions.

FACTUAL AND PROCEDURAL HISTORY

A. ORIGINAL COMPLAINT

In plaintiffs' original complaint, they brought 10 causes of action related to disability discrimination and wrongful termination. Jensen asserted she worked for Home Depot as a project coordinator and telephone sales associate. In July 2010, Jensen was injured at work when a customer pushed open a bathroom door striking Jensen's shoulder, elbow, and wrist. Theresa Meza was the store manager…

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