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Tellez v. O'Reilly Auto Enterprises, LLC, 3:18-CV-00282-VC. (2019)

Court: District Court, N.D. California Number: infdco20190401977 Visitors: 8
Filed: Mar. 29, 2019
Latest Update: Mar. 29, 2019
Summary: [PROPOSED] ORDER GRANTING STIPULATION AND JOINT MOTION TO DISMISS CERTAIN CLAIMS VINCE CHHABRIA , District Judge . Plaintiff LEANA TELLEZ ("Plaintiff") and Defendant O'REILLY AUTO ENTERPRISES, LLC ("O'Reilly") have filed a Stipulation and Joint Motion to Dismiss Certain Claims. Upon consideration of the parties' stipulation and joint motion and finding good cause therefore, the Court hereby GRANTS the parties' stipulation and ORDERS that: 1. Plaintiff's First Cause of Action for Disabil
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[PROPOSED] ORDER GRANTING STIPULATION AND JOINT MOTION TO DISMISS CERTAIN CLAIMS

Plaintiff LEANA TELLEZ ("Plaintiff") and Defendant O'REILLY AUTO ENTERPRISES, LLC ("O'Reilly") have filed a Stipulation and Joint Motion to Dismiss Certain Claims. Upon consideration of the parties' stipulation and joint motion and finding good cause therefore, the Court hereby GRANTS the parties' stipulation and ORDERS that:

1. Plaintiff's First Cause of Action for Disability Discrimination (Violation of FEHA, Govt. Code § 12940 et seq.) as asserted in her Complaint against O'Reilly is dismissed with prejudice;

2. Plaintiff's Second Cause of Action for Violation of California's Healthy Workplaces, Healthy Families Act of 2014 (Sick Pay Act) as asserted in her Complaint against O'Reilly is dismissed with prejudice;

3. Plaintiff's Third Cause of Action for Retaliation (Violation of FEHA, Govt. Code § 12940 et seq.) as asserted in her Complaint against O'Reilly is dismissed with prejudice;

4. Plaintiff's Fourth Cause of Action for Failure to Maintain Environment Free from Discrimination, and Retaliation and Aiding, Abetting, or Inciting the Doing of Such Acts as asserted in her Complaint against O'Reilly is dismissed with prejudice;

5. Plaintiff's Sixth Cause of Action for Negligence as asserted in her Complaint against O'Reilly is dismissed with prejudice;

6. Plaintiff's Seventh Cause of Action for Negligent Hiring, Retention, and/or Supervision as asserted in her Complaint against O'Reilly is dismissed with prejudice;

7. Plaintiff's Ninth Cause of Action for Breach of Implied Contract as asserted in her Complaint against O'Reilly is dismissed with prejudice;

8. Plaintiff's Thirteenth Cause of Action for Unlawful Business Practices (Violation of Bus. & Prof. Code § 17200 et seq.) as asserted in her Complaint against O'Reilly is dismissed with prejudice; and

9. Plaintiff's prayer for punitive damages as asserted in her Complaint against O'Reilly is dismissed with prejudice.

IT IS SO ORDERED.

Source:  Leagle

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