Taylor

ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Doc. No. 39)

This is an employment discrimination case brought by Joshua Taylor (“Taylor”) against his former employer, Trees, Inc. (“Trees”). The active complaint is the First Amended Complaint (“FAC”). Taylor alleges four disability related causes of action under the California Fair Employment and Housing Act (Government Code § 12900 et seq.) (“FEHA”), one cause of action for violation of the California Family. Rights Act (Government Code § 12945.2) (“CFRA”), and one cause of action for violation of the federal Family Medical Leave Act ( 29 U.S.C. § 2601 et seq.) (“FMLA”). Trees now moves for summary judgment on Taylor’s failure to accommodate (FEHA § 12940(m)) and failure to engage in an interactive process (FEHA § 12940(n)) causes of action. Trees also moves for summary judgment regarding the issues of Taylor’s mitigation of damages, the availability of emotional distress damages, and punitive damages. For the reasons that follow, Tree’s motion will be granted in part and denied in part.

SUMMARY JUDGMENT FRAMEWORK

Under Rule 56, “[a] party may move for summary judgment, identifying each claim or defense — or the part of each…