California Court of Appeals, Fourth District, Second Division
from the Superior Court of Riverside County No. RIC1512850.
John W. Vineyard, Judge. Reversed.
Offices of Maryann P. Gallagher and Maryann P. Gallagher for
Plaintiff and Appellant.
Ogletree, Deakins, Nash, Smoak & Stewart, Michael J.
Sexton and James T. Conley for Defendants and Respondents.
first amended complaint, Rosa Jensen and Linda Kerr sued
their former employer, The Home Depot, Inc., (Home Depot),
and their former managers at Home Depot for disability
discrimination, wrongful termination, and eight other related
claims. Home Depot and the managers (collectively,
defendants) demurred to the first amended complaint arguing
misjoinder of Jensen and Kerr (collectively, plaintiffs).
(Code Civ. Proc. § 430.10, subd. (d).) The trial
court sustained the demurrer without leave to amend, and
dismissed plaintiffs' lawsuit with prejudice. Jensen
contends the trial court erred by dismissing her lawsuit
because the court could have ordered severance (§
379.5). We reverse the judgment of dismissal with directions.
AND PROCEDURAL HISTORY
plaintiffs' original complaint, they brought 10 causes of
action related to disability discrimination and wrongful
termination. Jensen asserted she worked for Home Depot as a
project coordinator and telephone sales associate. In July
2010, Jensen was injured at work when a customer pushed open
a bathroom door striking Jensen's shoulder, elbow, and
wrist. Theresa Meza was the store manager and Karen Abraham
was the human resources manager. After Jensen's injury
and medical leave, Jensen asked for an accommodation so as to
resume work. Meza, Abraham, and Home Depot did not permit
Jensen to resume work. In November 2013, Abraham informed
Jensen that Jensen's employment was terminated.
worked as a cashier for Home Depot. On April 3, 2013, Kerr
was in pain due to two abscessed teeth and a tumor in her
“mouth and neck area.” On April 3, Kerr's
doctor gave her an off-work note. Kerr was scheduled to work
a four-hour shift on April 3, but had only two hours of sick
leave. Kerr gave Meza her doctor's note and requested the
day off. Meza denied Kerr's request. Kerr gave her
immediate supervisor, Jen Greenman, the doctor's note and
requested the day off. Greenman also denied Kerr's
request because Kerr did not have sufficient sick leave. Kerr
did not work her shift on April 3. On April 6, Kerr's
employment was terminated due to attendance violations. Prior
to April 3, Kerr had two attendance violations that occurred
during her nine years of employment.
demurred to the complaint arguing misjoinder of plaintiffs.
(§ 430.10, subd. (d).) Defendants asserted
plaintiffs' claims did not arise out of a single
transaction or single series of transactions, nor did the
claims raise common issues of law or fact. In the caption of
the document, defendants titled the document “Demurrer
of defendants... or, in the alternative, motion to...
sever.” Although listed in the caption, there does not
appear to be a motion to sever included in the document.
OPPOSITION TO THE ORIGINAL DEMURRER
opposed the demurrer. Plaintiffs argued their claims were
properly joined because they were both suing defendants for
disability discrimination. Plaintiffs asserted their claims
raised common issues of law and fact.
RULING ON THE ...