The opinion of the court was delivered by: William Q. Hayes United States District Judge
ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS
Pending before the Court are: (1) Defendant Fish & Richardson P.C.'s motion to dismiss Plaintiff's California Paid Family Leave Program (PFL) claim (Part 1 of Plaintiff's claim three) (Doc. # 81.); (2) Defendant Carl E. Manning's motion to dismiss Plaintiff's PFL and California Family Rights Act (CFRA) claims (Parts 1 and 2 of Plaintiff's claim three) (Doc. # 83.); and (3) Defendant Martha Huffman's motion to dismiss Plaintiff's PFL, CFRA, and federal Family Medical Leave Act claims (Parts 1, 2, and 3 of Plaintiff's claim three). (Doc. # 82.) All Defendants also moved to dismiss Plaintiff's claims one, two, four and five.
On November 21, 2006, Plaintiffs Sam Bedwell, Suzanne M. Moreno, and Jonathon Simon filed a Complaint in San Diego Superior Court against Defendant Fish & Richardson P.C. (Doc. # 1 at 1.) On January 10, 2007, Defendant Fish removed the action to this Court. (Id.) On February 6, 2007, Plaintiffs Bedwell, Moreno, and Simon filed a First Amended Complaint, naming Fish and Does 1 through 25 as Defendants. (Doc. # 9.)
On May 11, 2007, the Court granted the parties' joint motion to dismiss Simon's claims. (Doc. #29.) On May 25, 2007, the Court granted the parties' joint motion to dismiss Bedwell's claims. (Doc. # 34.)
On September 25, 2007, Moreno moved for leave to file a Second Amended Complaint, which Fish did not oppose. (Docs. # 54, 55.) On December 14, 2007, Moreno filed a Second Amended Complaint (SAC), naming Fish, Carl E. Manning, and Martha Huffman as Defendants. (Doc. # 70.) On December 14, 2007, the Court stayed all proceedings until a scheduled status conference on March 24, 2008. (Doc. # 69.)
On May 1, 2008, Defendants Fish, Manning, and Huffman filed the pending motions to dismiss. (Docs. # 81, 82, 83.) On May 23, 2008, Moreno filed an opposition to the Defendants' motions. (Doc. # 90.) On June 2, 2008, the Defendants each filed a reply. (Docs. # 86, 87, 88.)
ALLEGATIONS OF THE COMPLAINT
On or about February, 24, 2003, Defendant Fish hired Plaintiff Moreno. (SAC ¶ 7.) On or about May 10, 2004, Moreno learned that her mother, who was living in Dallas, Texas, had been diagnosed with breast cancer. (SAC ¶ 9.) Plaintiff alleges that when she requested a transfer to Fish's Dallas office to assist her ailing mother, Defendant Manning told her that she would have to use sick leave and vacation time in order to go to Dallas to care for her mother. (SAC ¶ 10.) Moreno alleges that Manning failed in his affirmative duty to inform Moreno that she was entitled to 12 weeks of family medical leave. (SAC ¶ 10.)
On May 28, 2004, Moreno went to Dallas, Texas, using personal vacation time and sick leave. (SAC ¶11.) On June 28, 2004, Moreno began working a 30-day temporary assignment at Fish's Dallas office. Defendant Martha Huffman supervised Moreno's work in Dallas. (SAC ¶ 13.) Moreno alleges that during the time that Plaintiff worked in Dallas, Huffman failed to inform Plaintiff that Plaintiff was entitled to 12 weeks of family medical leave. (SAC ¶ 15.)
Moreno alleges that on July 1, 2004, Fish and Manning breached their affirmative duties to tell Moreno that she was eligible for an additional six weeks of paid leave under the California Paid Family Leave insurance program. (SAC ¶ 16.) On July 29, 2004, Huffman told Moreno that there was not enough work for her in Fish's Dallas Office. (SAC ¶ 14.) Moreno also learned that her position in San Diego had been filled, that her "temporary position" was actually a transfer, and that she would be released from Fish's employment altogether. (SAC ¶ 14-15.) On August 9, 2004, Moreno was reinstated to her San Diego post. (SAC ¶ 17.)
In December of 2004, Moreno again requested time off to move her sick mother from Dallas to San Diego. (SAC ¶ 20.) Moreno alleges that Fish and Manning again breached their duties to tell her about her right to paid family medical leave. (SAC ¶ 20-21.) In claim three of her Second Amended Complaint, Moreno alleges that Defendants Fish, Manning, and Huffman each violated the federal Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA) ...