United States District Court, N.D. California, San Jose Division
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS
[Re: Docket No. 15]
HOWARD R. LLOYD, Magistrate Judge.
Nga Tuyet Nguyen sues the Superior Court of California, County of Santa Clara (sued as "The Management of Santa Clara Superior Court") for employment discrimination. Defendant moves to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6). Dkt. No. 15. Plaintiff filed an untimely opposition. Dkt. No. 19. All parties have expressly consented to having all matters proceed before a magistrate judge. Based on the moving and responding papers, as well as the arguments of counsel at the hearing on September 9, 2014, the Court grants the motion to dismiss.
In 2006, Plaintiff began working for the Superior Court Hall of Justice, Public Services Division as a Legal Process Clerk III. Compl. at 2. The Complaint alleges a series of incidents that occurred during her employment with the court.
In 2009, Plaintiff was "falsely taunted as pretty (petty) theft around the clerk [sic] office for unknown reasons." Id. at 5.
In April 2011, Plaintiff's supervisor "attempted to give [Plaintiff] a written warning due to a firearm petition that was not processed." Id. at 4. Plaintiff "reasoned" with her supervisor, and Plaintiff does not allege that a written warning was issued. See id.
In December 2011, Plaintiff was issued a verbal warning for failing to immediately open e-mails from her supervisor. Id.
In June 2012, Plaintiff was allegedly "forced, " against court procedures, to stamp thirty-six habeas corpus petitions. Id. at 4-5. The complaint does not specify how Plaintiff was "forced" to stamp the petitions.
In January 2014, Plaintiff's supervisor assigned a petition request that was already overdue to Plaintiff. Id. at 4.
In February 2014, Plaintiff alleges that "a complaint statement was notified by the unit supervisor about a transaction entered in error with the wrong case number." Id. This incident was allegedly used to "frame [Plaintiff] for an error [she] did not commit." Id.
Plaintiff was given a picture of a "little witch with a big bottom" at a meeting. During the meeting, the human resources director "announced There is a witch with the fat bottom, who is working among us, however, we will get through it and we will survive....'" In addition, court employees, court deputies, and police officers watched Plaintiff, followed her, and stood near the bathroom while she used it. Id. at 3, 5.
Plaintiff alleges that because of her age, she was denied examinations and interviews for all promotional positions while younger workers received opportunities to advance. Id. at 5. Plaintiff was denied the opportunity to participate in unit training sessions for new employees that were offered to younger workers. Id. In addition, Plaintiff was denied her vacation privilege and her pre-approved vacation was taken away and given to other workers. Id.
Plaintiff filed suit on March 31, 2014. The Complaint alleges: (1) national origin discrimination in violation of California Civil Code Section 52.1; (2) sexual harassment in violation of California Civil Code Section 51.9; and (3) age discrimination in violation of California Civil Code Section 51.10.
Defendant moves to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6). Dkt. No. 15. Plaintiff filed an untimely ...