Ellis

ORDER GRANTING IN PART AND DENYING IN PART CROSS-MO-TÍONS FOR SUMMARY JUDGMENT

This matter came before the Court on December 14, 2015 for a hearing on the parties’ cross-motions for partial summary judgment..,(Docket Nos. 28,29). After carefully considering the. parties’ written and oral arguments, the Court now GRANTS Defendant’s motion and DENIES Plaintiffs motion as to Plaintiffs Third Cause of Action, and GRANTS Plaintiffs motion as to Defendant’s Affirmative Defence No. 47.

BACKGROUND

The instant cross-motions for partial summary judgment are based on a pure question of law; thus, the Court need not recite the facts of the case, except as follows. Plaintiff Linda Ellis (“Plaintiff’) is a former professor of Museum Studies, who was employed by Defendant San Francisco State University (“Defendant,” or “the University”), and was suspended and ultimately terminated after refusing to submit to a “Fitness for Duty Independent Medical Examination.” First Amended Complaint (“FAC”) ¶¶ 30, 47, 55-57, 60, 62-63 (Docket No. 14).

Plaintiff refused to' attend the first examination and two subsequently rescheduled examinations. She believed that being required to submit to such an…