Josefina Gillette v. Stater Bros. Markets
Opinion
Trial Court Opinion
I.
BACKGROUND
On June 21, 2017, Plaintiff filed a Complaint against Defendant in San Bernardino County Superior Court arising out of her employment by Defendant. Dkt. 1-1.
On June 7, 2019, Plaintiff filed a First Amended Complaint (“FAC”). Dkt. 1-2.
On July 12, 2019, Defendant removed the action to this Court. Dkt. 1. On July 19, 2019, Defendant filed a Motion to Dismiss the FAC. Dkt. 11. On August 8, 2019, Plaintiff’s counsel e-mailed Plaintiff’s initial disclosures to Defendant’s counsel. Dkt. 36 at 3, Declaration of Moises A. Aviles (“Aviles Decl.”), ¶ 2, Exs. A, B.
On August 9, 2019, the parties filed a Joint Report pursuant to Federal Rule of Civil Procedure 26(f). Dkt. 17.
On September 23, 2019, the Court granted in part and denied in part Defendant’s Motion to Dismiss the FAC and allowed Plaintiff an opportunity to file an amended complaint. Dkt. 20.
On October 21, 2019, Plaintiff filed the operative Second Amended Complaint (“SAC”) for (1) Violation of the Fair Employment and Housing Act (FEHA): (2) Violation of 42 U.S.C. § 1981; (3) Violation of California Civil Code § 51.7 (the Ralph Act); (4) Violation of California Civil Code § 52.1 (the Tom Bane Civil…