The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)
Hill’s 7th Cause of Action for Intentional Infliction of Emotional Distress Is Unsupported By the Evidence
Hill’s 7th Cause of action largely duplicates her other causes of action and alleges that Defendants’ conduct caused her severe emotional distress. Defendants deny this claim, which fails for the same reasons as the underlying claims on which it is based. Further, the purported conduct Hill seeks to rely upon to support her claim is neither “extreme” nor “outrageous” as a matter of law, or is nonsensical (e.g., gay men who did not sleep with Lee were fired). For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Hill’s 10th Cause of Action for Violation of Labor Code Section 226 Is Unsupported by the Evidence
Hill’s 10th cause of action alleges that she requested to review her wage statements, but was denied the opportunity entitling her to a $750 penalty under Labor Code Section 226(f). Defendants deny this claim. Hill never requested to review her wage statements, and a letter from her lawyer to a lawyer for RLAC asking for a copy of her personnel file did not constitute a request for payroll records (which were not kept in any personnel file) by Hill within the meaning of Section 226. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Hill’s 12th and 13th Causes of Action for Breach of Implied and Oral Contract Are Unsupported By Evidence
Hill’s 12th and 13th causes of action allege that RLAC breached a contract when it terminated her without cause and then failed to pay her deferred compensation (severance pay). Defendants deny these claims in their entirety. Hill has admitted that she never even discussed the idea of termination with Lee, nor did he ever promise her severance pay or other “deferred compensation.” (See Part 6 of 10.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.