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Galvan v. Dameron Hospital Assn.

Court of Appeal of California, Third Appellate District

June 20, 2019, Opinion Filed

C081092

Opinion

 [**20] BLEASE, ACTING P.J. — Plaintiff Shirley Galvan brings this employment discrimination case against her former employer Dameron Hospital Association (Dameron) and former supervisor Doreen Alvarez (collectively defendants), alleging that she was discriminated against and subjected to harassment based on her national origin (Filipino) and age (54) at the hands of Alvarez, and that Dameron failed to take action to prevent it in violation of the California Fair Employment and Housing Act (the FEHA) (Gov. Code, § 12900 et seq.).2 Galvan claims that she was forced to take a medical leave of absence and ultimately quit due to the intolerable working conditions created by Alvarez in order to accomplish [***2]  Alvarez's goal of getting rid of older, Filipino employees, like Galvan, who, in Alvarez's words, “could not speak English,” had “been there too long,” and “ma[d]e too much money.” The operative second amended complaint asserts causes of action for discrimination (§ 12940, subd. (a); against Dameron), harassment (§ 12940, subd. (j); against Dameron and Alvarez), failure to take all reasonable steps to prevent discrimination and harassment (§ 12940, subd. (k); against Dameron), wrongful termination in violation of public policy (against Dameron), declaratory relief (discrimination) (against Dameron), and injunctive relief (Code Civ. Proc., § 526; against Dameron).3 The complaint also prays for punitive damages.

Defendants moved for summary judgment, or in the alternative summary adjudication. The trial court granted defendants' motion for summary judgment. The trial court found that Galvan could not make a prima facie [*554]  showing of discrimination because she could not establish that she suffered an adverse employment action or that Dameron acted with a discriminatory motive. The trial court likewise found that she could not make a prima facie showing of harassment because she cannot show that any of the complained of conduct was based on her national origin or age. [***3]  The trial court determined that the remaining causes of action and claims for injunctive and declaratory relief and punitive damages were derivative of the discrimination and harassment causes of action, and thus, could not survive summary judgment.4

Galvan appeals, arguing there are triable issues of material fact as to each of her causes of action and her claims for declaratory relief (discrimination), injunctive relief, and punitive damages. We agree in part. We will reverse the judgment and direct the trial court to vacate its order granting summary judgment and enter a new order granting summary adjudication of Galvan's retaliation and negligent supervision causes of action and her claims for declaratory relief (retaliation) and punitive damages, but denying summary adjudication of her discrimination, harassment, and failure to take necessary steps to prevent discrimination and harassment, and wrongful termination in violation of public policy causes of action, and her claims for declaratory relief (discrimination)  [**21]  and injunctive relief.5

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37 Cal. App. 5th 549 *; 250 Cal. Rptr. 3d 16 **; 2019 Cal. App. LEXIS 643 ***

SHIRLEY GALVAN, Plaintiff and Appellant, v. DAMERON HOSPITAL ASSOCIATION et al., Defendants and Respondents.

Notice: CERTIFIED FOR PARTIAL PUBLICATION1

Subsequent History:  [***1] The Publication Status of this Document has been Changed by the Court from Unpublished to Published July 17, 2019.

Time for Granting or Denying Review Extended Galvan v. Dameron Hospital Assn., 2019 Cal. LEXIS 6363 (Cal., Aug. 20, 2019)

Request denied by, 10/09/2019

Prior History: APPEAL from a judgment of the Superior Court of San Joaquin County, No. 39-2014-00308392-CU-DE-STK, Carter P. Holly, Judge.

Galvan v. Dameron Hosp. Ass'n, 2019 Cal. App. Unpub. LEXIS 4167 (Cal. App. 3d Dist., June 20, 2019)

Disposition: Reversed.

CORE TERMS

coordinators, harassment, terminate, trier, discriminatory, stress, medical-surgical, facie, accents, supervisory, hostile, declaratory, resigned, foreign-born, pervasive, triable, injunctive, punitive, sleeping, rid

Civil Procedure, Judgments, Summary Judgment, Entitlement as Matter of Law, Evidentiary Considerations, Absence of Essential Element, Burdens of Proof, Movant Persuasion & Proof, Nonmovant Persuasion & Proof, Appeals, Summary Judgment Review, Standards of Review, Labor & Employment Law, Discrimination, Disparate Treatment, Scope & Definitions, Evidence, Burden Shifting, Wrongful Termination, Constructive Discharge, Constructive Discharge, Burdens of Proof, National Origin Discrimination, Business & Corporate Compliance, Labor & Employment Law, Harassment