Hooters of America, LLC v. Superior Court CA4/2

I. INTRODUCTION

In this writ proceeding, defendant and petitioner Hooters of America, LLC (HOA)

challenges the trial court’s order denying its motion for summary adjudication of two

causes of action in a civil complaint alleging violations of the Fair Employment and

Housing Act (FEHA) (Gov. Code, § 12920 et seq.)1 brought by plaintiffs and real parties

in interest Arlene Garcia (Garcia) and Brandi Smith (Smith). Plaintiffs alleged they were

subjected to various acts in violation of the FEHA while employed as servers in a

restaurant jointly owned and operated by HOA; MS Foods, LLC (MS Foods); and

Mahmood Saifie (Saifie).

In December 2023, the trial court granted a motion for summary adjudication in

favor of HOA with respect to eight causes of action alleged in the operative complaint on

the basis that HOA was a franchisor and, as a result, not vicariously liable for the acts or

omissions of the other named defendants pursuant to Patterson v. Domino’s Pizza, LLC

(2014) 60 Cal.4th 474. However, the trial court denied summary adjudication on the 11th

cause of action for aiding and abetting violations of the FEHA (§ 12940, subd. (i)), and

on the 12th cause of action for…