On March 02, 2015 a
Hearing
was filed
involving a dispute between
Rigoli, Brianne,
and
C.R. England, Inc. A Utah Corporation,
England Global Logistics Usa, Inc. A Utah Corporation,
Torres, Lorena,
Rigoli, Brianne,
for Wrongful Termination
in the District Court of San Bernardino County.
Preview
1 JeffreyA Rager Esq SBN 185216
L
James Y Yoon Esq SBN 289906 pERtOR COURT OF CALIFORNlA
NARDINO
7
2 THE RAGER LAW FIRM o T c S r
R cT
r r
sAN
970 West 190 Street Suite 340
3 Torrance California 90502
NOV 22 017
Telephone 310 527 6994
4 Facsimile 310 527 6800
Email jeff c ragerlawoffices com
j
5 8
ames e
ragerlawoffices com
b MI rtAtv S PU f f
J
a 6 Melanie Savarese Esq SBN 216950
SAVARESE LAW FIRM
z 7 37 W Sierra Madre Blvd
Sierra Madre CA 91024
8 Phone 626 355 3264
Facsimile 626 355 3491
O 9 Email melanie savaresela
e
rm com
10 Attorneys for Plaintiff BRIANNE RIGOLI
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 FOR THE COUNTY OF SAN BERNARDINO
13
14 BRIANNE RIGOLI CASE No CIVDS 1502545
15 Assigned To Hon Janet M Frangie Dept
Plaintiff S29
16
MEMORANDUM OF POINTS AND
17 vs AUTHORITIES IN OPPOSITION TO
DEFENDANTS MOTION FOR SUMMARY
18 ADJUDICATION OF FIVE CAUSES OF
ACTION
19
C R ENGLAND INC a Utah Corporation Date December 7 2017
20 ENGLAND GLOBAL LOGISTICS USA INC Time 8 30 a m
a Utah Corporation LORENA TORRES an Dept S29
21 individual and DOES 1 through 10 inclusive
Filed March 2 2015
22 TRC January 5 2017
Trial January 9 2017
23 Defendants
24
25
26
27
28
MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANTS MOTION FOR
SUMMARY ADJUDICATION OF FIVE CAUSES OF ACTION
1 Table of Contents
2
I INTRODUCTION 1
3
II STATEMENT OF FACTS 2
4 A Ms Rigoli Returned From Leave and Things Started to Change With
Her New Supervisor Lorena Torres 2
5
B Ms Rigoli Made Protected Complaints Glen Taylor Did Nothing in Response 2
6
C Glenn Taylor Informs Lorena Torres About the Discrimination Complaints
7 Against Her by Ms Rigoli She Responds I am so mad 4
D Ms Rigoli Complains to HR Christian Thurgood on October 23 2014 5
g
E Four Days Later Thurgood Purports to Have Concluded His Investigation 6
9
F Ms Rigoli s Son Came Down With Scarlet Fever on October 27 2014 6
10 G Two Days Later Ms Rigoli s Daughter Became Sick 7
H Another Two Days Pass While Ms Rigoli is On Leave and Defendants
11
Start Concocting Reasons to Terminate Ms Rigoli 7
12
I Ms Rigoli Returned to Work on November 4 With a Doctor s Note and
13 Was Fired Nonetheless 8
III DEFENDANTS CANNOT MEET THEIR BURDEN OF NEGATING THE
14
ELEMENTS OF MS RIGOLI S CLAIMS NOR DO ANY OF THEIR DEFENSES
15
WITHSTAND SCRUTINY 8
16 A Defendants Fired Ms Rigoli Days After She Tried to Use Her Sick Time 9
1 The timing of Defendants termination is indicative of retaliation 9
1
2 Ms Rigoli did not violate any policy because she returned to
1g
work with a doctor s note Defendants business reason stated in
19 their papers is pretext 10
3 Ms Rigoli was a Good Employee who should not have been
20
terminated or at a minimum issued some sort of progressive
21
discipline 10
22 4 Defendants attempted to create a fictitious paper trail to warrant
23 Ms Rigoli s termination that failed because the issues they
too old
unearthed were by their own admission 10
24
5 Defendants have a Pattern of Retaliating against their employees
25 whotakesick days 11
B Defendants Interfered and Retaliated against Ms Rigoli in Relation to
26
Her Need for Medical Leave 11
27
1 Scarlet Fever is a Serious Health Condition and Such
28 Designation Is Consistent with What Defendants Contend
i
Document Filed Date
November 22, 2017
Case Filing Date
March 02, 2015
Category
Wrongful Termination
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
1 JeffreyA Rager Esq SBN 185216 L James Y Yoon Esq SBN 289906 pERtOR COURT OF CALIFORNlA NARDINO 7 2 THE RAGER LAW FIRM o T c S r R cT r r sAN 970 West 190 Street Suite 340 3 Torrance California 90502 NOV 22 017 Telephone 310 527 6994 4 Facsimile 310 527 6800 Email jeff c ragerlawoffices com j 5 8 ames e ragerlawoffices com b MI rtAtv S PU f f J a 6 Melanie Savarese Esq SBN 216950 SAVARESE LAW FIRM z 7 37 W Sierra Madre Blvd Sierra Madre CA 91024 8 Phone 626 355 3264 Facsimile 626 355 3491 O 9 Email melanie savaresela e rm com 10 Attorneys for Plaintiff BRIANNE RIGOLI 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN BERNARDINO 13 14 BRIANNE RIGOLI CASE No CIVDS 1502545 15 Assigned To Hon Janet M Frangie Dept Plaintiff S29 16 MEMORANDUM OF POINTS AND 17 vs AUTHORITIES IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY 18 ADJUDICATION OF FIVE CAUSES OF ACTION 19 C R ENGLAND INC a Utah Corporation Date December 7 2017 20 ENGLAND GLOBAL LOGISTICS USA INC Time 8 30 a m a Utah Corporation LORENA TORRES an Dept S29 21 individual and DOES 1 through 10 inclusive Filed March 2 2015 22 TRC January 5 2017 Trial January 9 2017 23 Defendants 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY ADJUDICATION OF FIVE CAUSES OF ACTION 1 Table of Contents 2 I INTRODUCTION 1 3 II STATEMENT OF FACTS 2 4 A Ms Rigoli Returned From Leave and Things Started to Change With Her New Supervisor Lorena Torres 2 5 B Ms Rigoli Made Protected Complaints Glen Taylor Did Nothing in Response 2 6 C Glenn Taylor Informs Lorena Torres About the Discrimination Complaints 7 Against Her by Ms Rigoli She Responds I am so mad 4 D Ms Rigoli Complains to HR Christian Thurgood on October 23 2014 5 g E Four Days Later Thurgood Purports to Have Concluded His Investigation 6 9 F Ms Rigoli s Son Came Down With Scarlet Fever on October 27 2014 6 10 G Two Days Later Ms Rigoli s Daughter Became Sick 7 H Another Two Days Pass While Ms Rigoli is On Leave and Defendants 11 Start Concocting Reasons to Terminate Ms Rigoli 7 12 I Ms Rigoli Returned to Work on November 4 With a Doctor s Note and 13 Was Fired Nonetheless 8 III DEFENDANTS CANNOT MEET THEIR BURDEN OF NEGATING THE 14 ELEMENTS OF MS RIGOLI S CLAIMS NOR DO ANY OF THEIR DEFENSES 15 WITHSTAND SCRUTINY 8 16 A Defendants Fired Ms Rigoli Days After She Tried to Use Her Sick Time 9 1 The timing of Defendants termination is indicative of retaliation 9 1 2 Ms Rigoli did not violate any policy because she returned to 1g work with a doctor s note Defendants business reason stated in 19 their papers is pretext 10 3 Ms Rigoli was a Good Employee who should not have been 20 terminated or at a minimum issued some sort of progressive 21 discipline 10 22 4 Defendants attempted to create a fictitious paper trail to warrant 23 Ms Rigoli s termination that failed because the issues they too old unearthed were by their own admission 10 24 5 Defendants have a Pattern of Retaliating against their employees 25 whotakesick days 11 B Defendants Interfered and Retaliated against Ms Rigoli in Relation to 26 Her Need for Medical Leave 11 27 1 Scarlet Fever is a Serious Health Condition and Such 28 Designation Is Consistent with What Defendants Contend i