Ouapou-Lena v. Greenfield Care Center of Fairfield et al

Filing 35

ORDER signed by District Judge John A. Mendez on 2/22/2017 GRANTING in part and DENTING in part 18 Motion for Summary Judgment. Motion is GRANTED as to Plaintiff's causes of action for: Race Discrimination in Violation of 42 U.S.C. § 2000 e et. seq.; Wrongful Termination Breach of Implied Contract of Continued Employment; Breach of Implied Covenant of Good Faith and Fair Dealing; Wrongful Termination in Violation of Public Policy; and Unfair, Unlawful, Deceptive Business Practices in Violation of Business and Professions Code § 17200 et. seq., because Plaintiff failed to submit sufficient evidence to show a genuine issue of material fact as to any of these causes of action. Motion is DENIED as to Plaintiffs cause of action for Defamation Slander because Plaintiff has submitted sufficient evidence to show a genuine issue of material fact as this cause of action. (Washington, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FABIENNE OUAPAOU-LENA,
Plaintiff,

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v.
GREENFIELD CARE CENTER OF
FAIRFIELD, EVA CARE GROUP, LLC,
DOES 1 - 50 INCLUSIVE,

Case No. 2:15-cv-00721-JAM-DB
ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANTS’
MOTION FOR SUMMARY JUDGMENT
OR, IN THE ALTERNATIVE, SUMMARY
ADJUDICATION

Defendants.

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LITTLER MENDELSON, P.C.
500 Capitol Mall
Suite 2000
Sacramento, CA 95814
916.830.7200

FIRMWIDE:145460392.1 052068.1029

Case No. 2:15-cv-00721-JAM-DB

[PROPOSED] ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION

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Defendants Greenfield Care Center of Fairfield and EvaCare Group, LLC’s

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(“Defendants”) Motion for Summary Judgment or, in the alternative, Motion for Summary

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Adjudication (“Motion”) (Docket No. 18), came on for hearing before the Honorable John A.

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Mendez in this court on January 24, 2014. The court reporter’s transcript of that hearing, which

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contains the parties’ oral argument and the Court’s ruling, is incorporated herein by reference.

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Plaintiff Fabienne Ouapou-Lena (“Plaintiff”) appeared through her counsel, Samuel Rudolph.

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Defendants appeared through their counsel, John H. Adams, Jr. Having carefully considered the

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moving and opposition papers, the arguments of counsel and relevant legal authority, and good cause

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appearing, IT IS HEREBY ORDERED that Defendants’ Motion is GRANTED in part and DENIED

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in part. Defendants’ Motion is GRANTED as to Plaintiff’s causes of action for: Race Discrimination

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in Violation of 42 U.S.C. § 2000e et. seq.; Wrongful Termination – Breach of Implied Contract of

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Continued Employment; Breach of Implied Covenant of Good Faith and Fair Dealing; Wrongful

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Termination in Violation of Public Policy; and Unfair, Unlawful, Deceptive Business Practices in

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Violation of Business and Professions Code § 17200 et. seq., because Plaintiff failed to submit

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sufficient evidence to show a genuine issue of material fact as to any of these causes of action. The

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Motion is DENIED as to Plaintiff’s cause of action for Defamation – Slander because Plaintiff has

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submitted sufficient evidence to show a genuine issue of material fact as this cause of action.

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IT IS SO ORDERED.
Dated:

2/2/2017

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/s/ John A. Mendez________________________
HON. JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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LITTLER MENDELSON, P.C.
500 Capitol Mall
Suite 2000
Sacramento, CA 95814
916.830.7200

FIRMWIDE:145460392.1 052068.1029

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Case No. 2:15-cv-00721-JAM-DB

[PROPOSED] ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR
SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION

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Approved as to form.

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Dated: January 31, 2017

SAMUEL RUDOLPH & ASSOCIATES

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/s/ Samuel Rudolph (authorized on January 31, 2017)
SAMUEL RUDOLPH
KIMBERLY CARVER
Attorneys for Plaintiff
FABIENNE OUAPOU-LENA

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Dated: January 31, 2017

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/s/ John H. Adams, Jr.
LINDBERGH PORTER
BARBARA A. BLACKBURN
JOHN H. ADAMS, JR.
LITTLER MENDELSON, P.C.
Attorneys for Defendants
GREENFIELD CARE CENTER OF FAIRFIELD
AND EVA CARE GROUP, LLC

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LITTLER MENDELSON, P.C.
500 Capitol Mall
Suite 2000
Sacramento, CA 95814
916.830.7200

FIRMWIDE:145460392.1 052068.1029

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Case No. 2:15-cv-00721-JAM-DB

[PROPOSED] ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR
SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION