Flores

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JULIETA FLORES, Case No. 19-cv-06079-NC Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART SAFEWAY’S

MOTION TO DISMISS; GRANTING

SAFEWAY INC., LEAVE TO AMEND Defendant. Re: Dkt. No. 11 15 In this disability discrimination case, defendant Safeway moves to dismiss plaintiff Julieta Flores’s two claims for violations of the ADA and the FMLA. Dkt. No. 11. Finding that Flores did not fail to exhaust her administrative remedies because the additional allegations in her complaint are reasonably related to the allegations in her EEOC charge, the Court DENIES the motion to dismiss the ADA claim. Finding that Flores has not alleged any violation of the FMLA during her period of eligibility, that is, after she had worked at Safeway for twelve months, the Court GRANTS the motion to dismiss the FMLA claim. The Court GRANTS leave to amend that claim because Ms. Flores could allege violations of FMLA…