DeHoney v. Denny's Corporation

Filing 8

ORDER DISMISSING CLAIMS AGAINST INDIVIDUAL DEFENDANTS. Plaintiff's Title VII claims against the individual defendants, specifically, Kathy Kaser, Tiffany Bass, Albert Mohu, Betty (Patty) Foster, and Joseph Sadek are dismissed. The instant action shall proceed against defendant Dennys Corporation only.Signed by Judge Maxine M. Chesney on September 19, 2008. (mmclc1, COURT STAFF) (Filed on 9/19/2008)

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Before the Court is plaintiff's complaint, filed August 27, 2008, in which she names four individuals and her former employer, Denny's Corporation, as defendants. In her complaint, plaintiff alleges said defendants constructively terminated plaintiff's employment, failed to promote plaintiff, and engaged in "violence," "harrassment" [sic], "sexual harrassment" [sic], and "retaliation." (See Compl. ¶¶ 4, 6.) Based on such allegations, plaintiff alleges a claim under Title VII of the Civil Rights Act of 1964 ("Title VII"). Where, as here, a party proceeds in forma pauperis, the district court must dismiss a complaint if the court determines that the plaintiff has failed to state a claim upon which relief can be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii). As noted, plaintiff seeks relief under Title VII. "Title VII does not provide a separate cause of action against supervisors or co-workers," including claims of harassment, see Craig v. M & O Agencies, Inc., 496 F. 3d 1047, 1058 (9th Cir. 2007), and claims for v. KATHY KASER, et al., Defendants / KAREN DEHONEY, Plaintiff, No. C-08-4092 MMC ORDER DISMISSING CLAIMS AGAINST INDIVIDUAL DEFENDANTS United States District Court IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

retaliation, see Miller v. Maxwell's Int'l Inc., 991 F. 2d 583, 584, 587-88 (1993). Rather, a claim under Title VII can only be brought against an "employer." See Craig, 496 F. 3d at 1053-54. Accordingly, plaintiff's Title VII claims against the individual defendants, specifically, Kathy Kaser, Tiffany Bass, Albert Mohu, Betty (Patty) Foster, and Joseph Sadek are hereby DISMISSED with prejudice, for failure to state a claim. See 28 U.S.C. § 1915(e)(2)(B)(ii). The instant action shall proceed against defendant Denny's Corporation only. IT IS SO ORDERED.

Dated: September 19, 2008

MAXINE M. CHESNEY United States District Judge

2