Harris v. Bear Valley Community Services District, et al.

Filing 79

ORDER GRANTING Plaintiff's Motion for Clarification 78 , signed by Magistrate Judge Jennifer L. Thurston on 11/4/2013. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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)
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Plaintiff,
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v.
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BEAR VALLEY COMMUNITY SERVICES )
DISTRICT, et al.,
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Defendants.
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KAREN HARRIS,

Case No.: 1:12-cv-001664-LJO-JLT
ORDER GRANTING PLAINTIFF’S MOTION FOR
CLARIFICATION
(Doc. 78)

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On October 16, 2013, the Court granted Defendant’s motion to dismiss the third and fourth

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causes of action in Plaintiff’s Second Amended Complaint for her failure to exhaust administrative

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remedies prior to pursuing her claims for retaliation and wrongful termination of violation of Cal.

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Labor Code § 1102.5. (Doc. 77). Plaintiff seeks clarification of the Court’s order, asserting her third

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cause of action for wrongful termination in violation of public policy was based not only upon Cal.

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Labor Code § 1102.5, but also Title VII and FEHA. (Doc. 78).

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Defendant moved only for dismissal of the third cause of action for Plaintiff’s failure to

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exhaust administrative remedies under the California Labor Code. No argument was presented

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regarding Title VII or FEHA, and the Court did not discuss these grounds for dismissal of Plaintiff’s

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third cause of action. Consequently, Plaintiff’s third cause of action survives to the extent it relies

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upon Title VII and FEHA.
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Based upon the foregoing, IT IS HEREBY ORDERED:

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Plaintiff’s motion for clarification is GRANTED;

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2.

Plaintiff’s third cause of action for wrongful termination is DISMISSED only as to its
reliance upon a violation of Cal. Labor Code § 1102.5;

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3.

Plaintiff’s third cause of action survives to the extent it is based upon alleged violations
of Title VII and FEHA.

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IT IS SO ORDERED.
Dated:

November 4, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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