City of Santa Monica v. Superior Court CA2/2

BACKGROUND

Underlying facts Following the filing of the City’s petition for writ of mandate we issued an alternative writ of mandate, directing the trial court to either enter a new order granting summary judgment or show cause why it should not be ordered to do so. The trial court ultimately declined to grant summary judgment. When the Court of Appeal issues an alternative writ or order to show cause, the real party in interest may file “a return by demurrer, verified answer, or both.” (Cal. Rules of Court, rule 8.487(b)(1).) Cade failed to file a return in this court, and the petition’s allegations are therefore accepted as true. (Code Civ. Proc., §§ 1089, 1094; Agricultural Labor Relations Bd. v. Superior

2 Court (2016) 4 Cal.App.5th 675, 681-682; Bank of America, N.A. v. Superior Court (2013) 212 Cal.App.4th 1076, 1084-1086.)1 Cade, who is African-American, has worked for the City since 1999. She has held the same position, administrative services officer in the City’s transportation department, since 2012. In July 2017, Cade failed to report to the City’s human resources department that another employee made a complaint of sexual harassment. It was determined that reporting…