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Lew v. Superior Court

Citation: 348 F. App'x 227Docket: No. 08-15746

Court: Court of Appeals for the Ninth Circuit; October 1, 2009; Federal Appellate Court

Narrative Opinion Summary

This case involves an appeal by an individual against a summary judgment from the U.S. District Court for the Northern District of California, in favor of the Superior Court of California. The appellant alleged that her termination was due to race and gender discrimination, retaliation for requesting medical leave, and political retaliation. The legal issues pertain to claims under Title VII of the Civil Rights Act, the Fair Employment and Housing Act (FEHA), the Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and wrongful termination in violation of public policy. During the de novo review, the appellate court applied the same standards as the trial court, requiring no genuine issues of material fact. The court found insufficient evidence to support claims of discrimination or retaliation under Title VII, FEHA, FMLA, or CFRA. Furthermore, the court ruled that wrongful termination claims were unsupported, as the appellant failed to demonstrate that her termination violated public policy. Consequently, the summary judgment in favor of the Superior Court was affirmed, with the decision not designated for publication or as precedent, per 9th Cir. R. 36-3.

Legal Issues Addressed

California Tort Claims Act and Public Entity Liability

Application: The court noted the limitations on liability under the CTCA, and concluded that wrongful termination is a common law tort not covered by statutory provisions.

Reasoning: The California Tort Claims Act (CTCA) governs public entities and limits liability for injuries not arising from statutory provisions (Cal. Gov’t Code 815).

Discrimination or Retaliation under FMLA and CFRA

Application: Lew was unable to demonstrate that her FMLA leave was a negative factor in her termination, failing to meet the burden of proof required under the FMLA and CFRA.

Reasoning: Lew must demonstrate that her FMLA leave was a negative factor in her termination decision. However, the FMLA does not grant employees rights or benefits beyond what they would have if they had not taken leave.

Discrimination under Title VII and FEHA

Application: The court ruled that the appellant failed to provide sufficient evidence that her termination was based on race or gender, as required under Title VII and FEHA.

Reasoning: The court found that Lew failed to present evidence indicating that her termination was based on race or gender, concluding that the decision was made due to her inability to fulfill her job responsibilities.

Summary Judgment Standards under Federal Rule of Civil Procedure 56

Application: The appellate court reviewed the summary judgment de novo, adhering to the same standards as the trial court, which necessitates the absence of genuine issues of material fact.

Reasoning: The appellate court reviews summary judgment de novo, applying the same standards as the trial court under Fed. R. Civ. P. 56, which requires the moving party to show no genuine issues of material fact exist.

Wrongful Termination in Violation of Public Policy

Application: The court affirmed summary judgment due to Lew's inability to provide evidence that her termination was politically motivated in violation of public policy under Cal. Gov’t Code 3201.

Reasoning: Lew claims her termination violated public policy under Cal. Gov’t Code 3201, which safeguards the political activities of state or local agency employees.