Cynthia Lawler v. Montblanc North America, LLC

Good Law
704 F.3d 1235·2013 WL 135752·27 Am. Disabilities Cas. (BNA) 545·2013 U.S. App. LEXIS 761
United States Court of Appeals for the Ninth CircuitJanuary 11, 201311-16206California4,060 words

Opinion

Opinion

Duffy, J.

In this diversity action, Plaintiff-Appellant Cynthia Lawler (“Lawler”) appeals the district court’s grant of summary judgment in favor of Defendants-Appellees Montblanc North America, LLC (“Mont-blanc”) and its President and Chief Executive Officer Jan-Patrick Schmitz (“Schmitz”) (collectively, “Defendants”), on each of her four claims: (1) disability discrimination raised against Montblanc under the California Fair Employment and Housing Act (“FEHA”); (2) retaliation raised against Montblanc under FEHA; (3) harassment raised against Defendants under FEHA; and (4) intentional infliction of emotional distress raised against Defendants under California state tort law.

Because Lawler fails to present a genuine issue of material fact as to each of her four claims, we affirm.

I. BACKGROUND

Montblanc makes fíne writing instruments, jewelry, timepieces, and other luxury products that it sells wholesale and in boutique retail stores. From September 2001 through October 2009, Montblanc employed Lawler as a manager at its Valley Fair Shopping Center boutique retail store in Santa Clara, California (“Store”). At the time of Lawler’s termination, the Store employed four full-time…

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