Evist Herrera v. Pier 1 Imports U.S., Inc.

I. BACKGROUND

A. Procedural History

On March 7, 2019, Plaintiff filed a complaint against Defendants Pier 1 Imports U.S., Inc. (“Pier 1”), Daisy Zuniga (together, “Defendants”), and Does 1–100 in the San Bernardino Superior Court. (“Complaint,” Dkt. No. 1-1.) The Complaint alleged nine causes of action: 1) disability discrimination in violation of Cal. Govt. Code § 12940(a) based on disparate treatment; 2) disability discrimination in violation of Cal. Govt. Code § 12940(m) based on failure to provide reasonable accommodation; 3) disability discrimination in violation of Cal. Govt. Code 12940(n) based on failure to engage in the interactive process; 4) retaliation in violation of Cal. Govt. Code § 12490(h); 5) failure to do everything reasonably necessary to prevent discrimination and retaliation in violation of Cal. Govt. Code § 12940(k); 6) violation of Cal. Govt. Code § 12945.2(a); 7) retaliation for taking/requesting leave in violation of Cal. Govt. Code § 12945.2(1); 8) wrongful termination in violation of public policy; and 9) intentional infliction of emotional distress (“IIED”). (Id.) Of these, only the IIED claim is brought against Zuniga. (Id. at 21.) On May 31,…