Baker

Baker v. Roman Catholic Archdiocese of San Diego

Good Law
197 F. Supp. 3d 1210·2016 WL 3443908·2016 U.S. Dist. LEXIS 82068
United States District Court, Southern District of CaliforniaJune 23, 2016CASE NO. 14cv0800 JM(JMA)California4,683 words

Opinion

Lead Opinion

Honmiller, J.

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFF

Defendant The Roman Catholic Bishop of San Diego (“RCBSD”), erroneously sued as Roman Catholic Archdiocese of San Diego, Roman Catholic Archdiocese of San Diego, dba Cathedral Catholic High School and Cathedral Catholic High School, moves for summary judgment on Plaintiff Michele Baker’s remaining claim for violation of the Americans with Disabilities Act (“ADA”). Plaintiff opposes the motion. For the reasons set forth below, the court grants the motion for summary judgment in favor of RCBSD and against Plaintiff. The Clerk of Court is instructed to enter judgment accordingly and to close the file.

BACKGROUND

On April 4, 2014, RCBSD removed this action from the Superior Court for the State of California, County of San Diego, based upon federal question jurisdiction under 28 U.S.C. §§ 1331 , 1441, and 1446. The operative Second Amended Complaint (“SAC”) alleges three claims for relief: (1) disability discrimination in violation of the ADA, 42 U.S.C. § 12112 et seq.; (2) retaliation and wrongful termination in violation *1213 of California public policy; and (3) declaratory and injunctive…

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