Jackson v. Kaplan Higher Education, LLC

MEMORANDUM OPINION AND ORDER ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (Doc. # 27)

This is an action in diversity for damages arising from the termination of the employment of plaintiff Marcella Jackson (“Plaintiff’) by her employer Kaplan Higher Education, LLC, et al. (“Defendant” or “Kaplan Higher Education Corporation” (“KHEC”)). Plaintiffs action was removed to this court from Fresno County Superior Court on January 16, 2014. Plaintiffs complaint alleges six claims for relief pursuant to California’s fair employment practices statute, California Government Code § 12940 et seq., and one claim pursuant to the California Family Rights Act. Plaintiffs complaint also alleges one claim pursuant to the federal Family Medical Leave Act, 29 U.S.C. § 2615 . Currently before the court is Defendant’s motion for summary judgment (Defendant’s “Motion”). The parties do not dispute there is complete diversity between the parties and that the amount in question exceeds the statutory amount. Diversity jurisdiction pursuant to 28 U.S.C. § 1332 is therefore uncontested. Venue is proper in this court.

GENERAL FACTUAL BACKGROUND

The following facts were submitted jointly by the parties and/or…