Rankins

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TAMI RANKINS, Case No. 3:23-cv-05785-JSC

Plaintiff,

ORDER RE: DEFENDANT’S MOTION

v. TO DISMISS PLAINTIFF’S FIRST

AMENDED COMPLAINT

UNITED PARCEL SERVICE, INC., Re: Dkt. No. 30 Defendant.

12 Tami Rankins sues United Parcel Service, Inc. (“UPS”) for discrimination because of her age and gender, the intentional infliction of emotional distress, and for a breach of her employment contract with the company, in violation of California laws. (Dkt. No. 26.) Now pending before the Court is UPS’s motion to dismiss. (Dkt. No. 30.) Having carefully considered the briefing, and with the benefit of oral argument on April 18, 2024, the Court GRANTS Defendant’s motion. Plaintiff failed to exhaust her FEHA claims, and her contract claim is preempted; so, both claims are dismissed without leave to amend. Because Plaintiff’s intentional infliction of emotional distress claim could be saved with additional factual allegations, that claim is…