Preview
ELECTRONICALLY FILED
superior Court of California,
County of Placer
11/20/2020
—
GARY R. BASHAM (SBN 130119) By: Laurel Sanders, Deputy Clerk
BASHAM LAW GROUP
8801 Folsom Blvd., Suite 280
DO
Sacramento, CA 95826
WW
Telephone: (916) 282-0841
Facsimile: (916) 266-7478
FSF
gary@bashamlawgroup.com
CA
Attorneys for Defendants CIBOEUREKA, LLC, CHAD
DBA
LANZA and ALAN STEVENS
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF PLACER
UD
XOCHITL CAMPOS, an individual, Case No. SCV0041410
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Plaintiff, SEPARATE STATEMENT OF
UNDISPUTED MATERIAL FACTS IN
VS. SUPPORT OF DEFENDANTS CHAD
LANZA AND ALAN STEVENS’
CIBOEUREKA, LLC; CHAD LANZA; ALAN | MOTION FOR SUMMARY
BR
STEVENS; DOES 1-25, inclusive, JUDGMENT AND/OR
ADJUDICATION
Defendants.
On
Complaint Filed: July 6, 2018
a
Trial Date: March 1, 2021
OD
Hearing Date: February 4, 2021
ew
Hearing Time: 8:29am
Dept.: 42
BO
HNS&F
Pursuant to Code of Civil Procedure section 437c(b) and California Rules of Court
SS
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342(d), Defendants Chad Lanza (“Lanza”) and Alan Stevens (“Stevens”) (collectively “Individual
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Defendants”) hereby submit the following Separate Statement of Undisputed Material Facts,
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together with references to supporting evidence, in support of their Motion for Summary
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Judgment and/or Adjudication against the claims of Plaintiff Xochitl Campos (‘Plaintiff’):
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1
SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS SACRAMENTO COUNTY SUPERIOR COURT
IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT CASE No. 06AS01793
BL
COMMON UNDISPUTED MATERIAL FACTS
DEFENDANTS’ UNDISPUTED PLAINTIFF’S RESPONSE AND
BD
MATERIAL FACTS AND SUPPORTING SUPPORTING EVIDENCE
EVIDENCE
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1. ‘Plaintiff was employed by Cibo as a
OH
hostess at its Roseville restaurant from
January 2017 to September 2017.
Complaint F§1, 9 (attached as Exhibit A
NHN
to the Declaration of Gary R. Basham in
Support of Defendants’ Motion for
Summary Judgment (hereinafter referred
co
to as “Basham Decl.”)
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Defendant Ray Silva was _ the
8
chef/manager for the restaurant and was
Plaintiff's immediate supervisor.
=
Complaint J93, 10 (Exhibit A to Basham
Decl.)
SOS
Lanza and Stevens were owners of Cibo
and acted as Plaintiff's supervisors
RPAaAakRE
during her employment. Complaint 794,
14 (ExhibitA to Basham Decl.)
Plaintiff alleges that she was sexually
harassed by Silva. Complaint J{li-12
(Exhibit A to Basham Decl.)
Plaintiff alleges that when she rejected
Silva’s advances, Silva began to make
BSE
the workplace increasingly hostile and
reduced Plaintiffs work hours.
Complaint 913 (Exhibit A to Basham
Deci.)
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Plaintiff asserts she attempted to
Ww
approach Cibo owners Lanza and
Stevens regarding the issues she was
NYDN
BS
having with Silva, but they referred her
back to Silva, stating that he was the
restaurant manager. Complaint {14
(Exhibit A to Basham Decl.)
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Plaintiff continued to feel harassed in the
workplace and felt she had no choice but
to resign her position in September 2017.
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Complaint 917 (Exhibit A to Basham
Decl.)
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2
SeparateStatement ofUndisputed MaterialFacts inSupport ofMotion Case No. SCV0041410
forSummary Judgment, or,Alternatively,Summary Adjudication
Be
PB
ISSUES
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ISSUE NO. 1: Lanza is Entitled te Summary Judgment/Adjudication on Plaintiff's First
Cause of Action for Sex Discrimination because Plaintiff has Failed to Establish the
BB
Elements of a Prima Facie Claim against Lanza
DEFENDANT’S UNDISPUTED PLAINTIFF’S RESPONSE & EVIDENCE
A
MATERIAL FACTS & EVIDENCE
DH
Defendants fully incorporate herein by
NY
this reference Undisputed Material Facts
Nos. | and 3 and supporting evidence.
OO
8. Plaintiff alleges a cause of action for sex
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discrimination in violation of FEHA
against Cibo, Lanza and Stevens.
Complaint, First Cause of Action,
S
(Exhibit A to Basham Decl.)
9, Plaintiff alleges that Cibo, Lanza and
BROKE
Stevens discriminated against her in
violation of Government Code section
12940(a) because they failed to prevent
harassment, discrimination and
retaliation against Plaintiff due to her sex
and otherwise discriminated against
Plaintiff with regard to the terms and
conditions of her employment.
Complaint 923 (Exhibit A to Basham
ri_USA
Deci.)
=Cae
ISSUE NO. 2: Stevens is Entitled to Summary Judgment/Adjudication on Plaintiff's First
Cause of Action for Sex Discrimination because Plaintiff has Failed to Establish the
Elements of a Prima Facie Claim against Stevens.
HDFS NYDDSNWN =
Defendants fully incorporate herein by
this reference Undisputed Material Facts
Nos. 1, 3, 8 and 9 and supporting
evidence.
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SY
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3
SeparateStatement ofUndisputed MaterialFacts inSupport ofMotion Case No. SCV0041410
forSummary Judgment, or,Alternatively,
Summary Adjudication
to Summary Judgment/Adjudication on Plaintiff's Second
ISSUE NO. 3: Lanza isEntitled lish the
— Harassment because Plaint iff has Failed to Estab
Cause of Action for Sexual
Elements of a Prima Facie Claim agains t Lanza .
NL
Defendants fully incorporate herein by
WY
this reference Undisputed Material Facts
Nos. 1 through 7 and supporting
FP
evidence.
WA
10. Plaintiff's Second Cause of Action
asserts a claim for Harassment in
BA
Violation of Government Code section
12940 (j)(1) against all Defend ants.
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Complaint, Second Cause of Action,
(Exhibit A to Basham Decl.)
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11. Plaintiffs Complaint alleges Silva as the
harasser. Complaint [§11-1 2 (Exhibi t A
S
to Basham Decl.)
12. Plaintiff does not allege in her Complaint
BAS
that Lanza specifically sexually harassed
her at work. Complaint 499-27 (Exhibit
A to Basham Decl.)
asserts the following
AARE
13. Plaintiff only
alleged facts of harassment by Lanza
directed at Plainti ff person ally in
response to Lanza’ s Interro gatory No. 1
in his First Set of Special Interrogatories,
which asked: “Descr ibe in detail all
QU
SF
actions and statements by LANZA which
YOU claim constituted —sexual
e®
FTF
harassment:” (1) Lanza would be stand-
offish and disinterested while speaking
FF
BSE
to Plaintiff, which he did not share the
same behavior towards the male
WY
counterparts within the restaurant, (2)
Lanza failed to acknowledge Plaintiff
LY
when he came into the restaurant to dine
unless Plaintiff directly addressed him,
WKY
and even then his responses were
PRB
dismissive and uninterested; and (3)
NH
Lanza allegedly told Plaintiff “good girl”
in a highly condescending manner after
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Plaintiff displaced waiting custom ers in
favor of lLanza’s personal friend.
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Plaintiff's Response to Lanza’ s First Set
yPreepp
of Special Interrogatorie s, Interr ogator y
DH
No. 1 (Exhibit B to Basham Decl.)
Ww
Ny
of Motion Case No. SCV0041410
SeparateStatement of UndisputedMaterialFacts inSupport
Judgment, or, Summary
Alternatively, Adjudication
forSummary
14. Plaintiffs remaining allegations of
HB
harassment by Lanza set forth in
response to Lanza’s Interrogator y No. 1
WY
in his First Set of Special Interrogatories,
constitute nothing more than
Fe
observations by Plaintiff, comments by
Cibo staff to Plaintiff concerning Lanza
A
and one customer complaint. Plaintiff's
Response to Lanza’s First Set of Special
DH
Interrogatories, Interrogatory No. ‘|
(Exhibit B to Basham Decl.)
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is Entitled to Summary Judgment/Adjudication on Plaintiff's
ISSUE NO. 4: Stevens the
to Establ ish
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Cause of Action for Sexual Harassment because Plaintiff has Failed
Second
Elements of a Prima Facie Claim against Stevens.
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MATERIAL FACTS PLAINTIFF’S RESPONSE & EVIDENCE
UNDISPUTED
EAS
Defendants fully incorporate herein by
this reference Undisputed Material Facts
RB
Nos. 1 through 7, 10-11 and support ing
evidence.
EH
15. Plaintiff does not allege in her Complaint
AAaAES
that Stevens specifically sexually
harassed her at work. Compla int 499-27
RB
(Exhibit A to Basham Decl.)
Plaintiff does not assert that Stevens
16. sexually harassed her or acted sexually
inappropriate in any was at the
restaurant. Plaintiff allegations in
support of her harassment cause of
RB
to the
Se
action against Stevens are limited
following: (1) Stevens was made aware
F&
of the sexual harassment Plaintiff was
enduring by Silva and he failed to
NH
address or appropriately handle
Plaintiff's complaint; (2) Stevens
MW
RP
ignored her concern for her employment
when she faced retaliation by Silva for
NY
turning down his sexual advances by
having her shifts cancelled and her hours
NY
reduced; and (3) Stevens failed to honor
Plaintiff's request to have her final
YH
paycheck sent to her by USS. mail.
Plaintiff's Response to Steven's First Set
Pp
N
of Special Interrogatories, Interr ogator y
No. 1 (Exhibit C to Basham Decl.)
NH
PNP
NY NH
5
of Motion Case No. SCV0041410
SeparateStatementof Undisputed MaterialFacts inSupport
forSummary Judgment, or, Summary
Alternatively, Adjudication
Judgment/Adjudication on Plaintiff's Third
WV
ISSUE NO. 5: Lanza is Entitled to Summary
Supervision because Plaintiff has Failed to Establ ish the
Cause of Action for Negligent
WY
Elements of a Prima Facie Claim against Lanza.
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FACTS PLAINTIFE’S RESPONSE & EVIDENCE
UNDISPUTED MATERIAL
MM
Defendants fully incorporate herein by
OHO
this reference Undisputed Material Facts
Nos. 1 and 3 and supporting evidence.
SN
fF
17. Plaintiff's Third Cause of Action asserts
a claim for Negligent Superv ision
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against Cibo, Lanza and Stevens.
10 Complaint, Third Cause of Action,
(Exhibit A to Basham Decl.)
11
18. Plaintiff alleges that “the Defendant”
12 (clearly Cibo) retained Silva and as a
result breached “its” duty to exercis e
13 reasonable care and acted negligently by
failing to ensure they would comply with
14 regulations in _ place regarding
harassment and discrimination.
15 Complaint 436 (Exhibit A to Basham
Decl.)
16 on Plaintiff's Third
ISSUE NO. 6: Stevens is Entitled to Summary Judgment/Adjudication
Plaintiff has Failed to Establish the
17 Cause of Action for Negligent Supervision because
Elements of a Prima Facie Claim against Stevens.
18
Defendants fully incorporate herein by
19 this reference Undisp uted Materia l Facts
Nos. 1, 3, 17-18 and supporting
20 evidence.
21 on Plaintiff's Fourth
ISSUE NO. 7: Lanza is Entitled to Summary Judgment/Adjudication
Elements ofa
22 Cause of Action for Retaliation because Plaintiff has Failed to Establish the
Prima Facie Claim against Lanza.
23
Defendants fully incorporate herein by
24 this reference Undisputed Material Fact
Nos. 1 and 3 and suppor ting evidence.
25
19. Plaintiff's Fourth Claim for Retaliation is
26 against Cibo, Lanza and Stevens.
Complaint, Fourth Cause of Action
27 (Exhibit A to Basham Decl.)
28
6
of Motion Case No. SCV0041410
SeparateStatementof Undisputed MaterialFacts inSupport
forSummary Judgment, or, Summary
Alternatively, Adjudication
is Entitled to Summary Judgment/Adjudication on Plaintiff's
ISSUE NO. 8: Stevens the
for Retaliation because Plaintiff has Failed to Establish
Fourth Cause of Action
Elements of a Prima Facie Claim against Stevens.
MATE RIAL FACTS PLAINTIFF’S RESPONSE & EVIDENCE
UNDIS PUTED
Ww
Defendants fully incorporate herein by
this reference Undisputed Material Facts
Nos. 1, 3 and 19 and support ing
ND NN
evidence.
to Summary Judgment/Adjudication on Plaintiff's Fifth
ISSUE NO. 9: Lanza is Entitled
Prevent Discrimination, Harassment and Retali ation becaus e
Cause of Action for Failure to
to Establish the Elements of a Prima Facie Claim against Lanza.
Plaintiff has Failed
fe
MATERIAL FACTS PLAINTIFF’S RESPONSE & EVIDENCE
UNDISPUTED
Oo
10 Defendants fully incorporate herein by
this referen ce Undisp uted Materia l Facts
11 Nos. 1 and 3 and supporting evidence.
12 20. Plaintiff's Fifth Cause of Action against
Cibo, Lanza and Stevens is for Failure to
13 Prevent Discrim ination , Harassm ent and
Retaliation in violation of FEHA,
14 Government Code section 12940 (k).
Complaint, Fourth Cause of Action
{5 (Exhibit A to Basham Decl.)
16
is Entitled to Summary Judgment/Adjudication on Plaintiff's Fifth
ISSUE NO. 10: Stevens
17 Failure to Prevent Discrimination, Harass ment and Retalia tion becaus e
Cause of Action for
to Establish the Elements of a Prima Facie Claim against Stevens.
18 Plaintiff has Failed
MATERIAL FACTS PLAINTIFF’S RESPONSE & EVIDENCE
19 UNDISPUTED
20
Defendants fully incorporate herein by
21 Material Facts
this reference Undisputed
Nos. 1, 3 and 20 and supporting
22
evidence.
23
24
25
26
27
28
7
Motion Case No. SCV0041410
Statementof Undisputed MaterialFactsin Supportof
Separate
forSummary Judgment, or, Summary
Alternatively, Adjudication
to Summary Judgment/Adjudication on Plaintiff's Sixth
ISSUE NO. 11: Lanza is Entitled
Termination in Violation of Public Policy becaus e Plainti ff
Cause of Action for Constructive
Failed to Establish the Elements of a Prima Facie Claim against Lanza.
has
WY
FACTS PLAINTIFE’S RESPONSE & EVIDENCE
UNDISPUTED MATERIAL
W
EF
Defendants fully incorporate herein by
He
this reference Undisputed Material Facts
Nos. 1 and 3 and supporting evidence.
HR
21. Plaintiff's Sixth Cause of Action against
NI
Cibo, Lanza and Stevens is for
Constructive Termination based on
eo
FEHA. Complaint, Sixth Cause of
Action, 959-60. (Exhibit A to Basham
wo
Decl.)
10 on Plaintiff's Sixth
ISSUE NO. 12: Stevens isEntitled to Summary Judgment/Adjudication
Termination in Violation of Public Policy becaus e Plainti ff
11 Cause of Action for Constructive
to Establish the Elemen ts of a Prima Facie Claim against Stevens
has Failed
12 & EVIDENCE
UNDISPUTED MATERIAL FACTS PLAINTIFF’S RESPONSE
13
Defendants fully incorporate herein by
14 this reference Undisputed Material Facts
Nos. 1, 3 and 21 and support ing
15 evidence.
16 on Plaintiff's
ISSUE NO. 13: Lanza is Entitled to Summary Judgment/Adjudication
Intentional Infliction of Emotional Distress because Plaintiff's
17 Seventh Cause of Action for
Claim is Barred by the Workers’ Compensation Act.
18 & EVIDENCE
UNDISPUTED MATERIAL FACTS PLAINTIFF’S RESPONSE
19
20
Defendants fully incorporate herein by
21 this reference Undisputed Materia l Facts
Nos. 1 and 3-7, 9 and 13-14 and
22 supporting evidence.
23 22. Plaintiffs Seventh Cause of Action
against all Defendants a cause of action
24 for intentional infliction of emotio nal
distress.
25
26
27
28
8
Case No. SCV0041410
Statement ofUndisputed MaterialFactsin Supportof Motion
Separate
forSummary Judgment, or,Altematively,Summary Adjudication
14: Stevens is Entitled to Summary Judgment/Adjudication on Plaintiff's
ISSUE NO.
— of Action for Intentional Infliction of Emotional Distress because Plaintiff's
Seventh Cause
Claims isBarred by the Workers’ Compensation Act.
WNW
MATERIAL FACTS PLAINTIFE’S RESPONSE & EVIDENCE
UNDISPUTED
WY
Defendants fully incorporate herein by
F&F
this reference Undisputed Material Facts
Nos. 1, 3-7, 9, 16 and 22 and supporting
AH
evidence.
DH
Lanza is Entitled to Summary Judgment/Adjudication on Plaintiff's
ISSUE NO. 15:
NS
of Action for Intentional Infliction of Emotio nal Distress because Plaintiff
Seventh Cause
has Failed to Establish the Elements of a Prima Facie Claim against Lanza
6
MATER IAL AN FACTSAS PLAINTIFF’S RESPONSE & EVIDENCE
UNDIS ee PUTED
Oo
een enesceneanvenitaa
aes
atuinn etn anntentnlt
nec
Defendants fully incorporate herein by
eS
reference Undisput ed Material Facts
rwAAaAaRBH
this
Nos. 1 and 3-7, 9, 13-14 and 22 and
supporting evidence.
16: Stevens is Entitled to Summary Judgment/Adjudication on Plaintiff's
ISSUE NO.
of Action for Intentio nal Infliction of Emotion al Distress because Plaintiff
Seventh Cause
has Failed to Establish the Elements of a Prima Facie Claim against Stevens
MATERIAL FACTS PLAINTIFF’S RESPONSE & EVIDENCE
UNDISPUTED
Defendants fully incorporate herein by
this reference Undisputed Material Facts
Nos. 1, 3-7, 9, 16 and 22 and supporting
Se
evidence.
NYK BB
WN
Dated: November 20, 2020 BASHAM LAW. he
RBBR
WYN
GARY R. BASHAM
Attorneys for Defendants CIBOEUREKA,
LLC, CHAD LANZA and ALAN STEVENS
YN
PR oN
PR
bh
9
Supportof Motion Case No. SCV0041410
SeparateStatement ofUndisputed MaterialFactsin
forSummary Judgment, or,Altematively,Summary Adjudication
PROOF OF SERVICE
LW
I,the undersigned declare:
J am employed in the County of Sacramento, State of California. I am over the
BW
years and not a party to the within action; my business address is 8801 Folsom
age of eighteen
SF
Blvd, Suite 280, Sacramento, CA 95826.
A
On November 20, 2020, Iserved the within:
WO
SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF
NY
DEFENDANTS CHAD LANZA AND ALAN STEVEN S’ MOTION FOR SUMMA RY
JUDGMENT AND/OR ADJUDICATION
6&6
by placing a true copy thereof enclosed in a sealed envelope with postage
Oo
thereon fully prepaid for deposit in the United States Post Office mail box, at
10 my business address shown above, following Basham Law Group, Inc.’s
ordinary business practices for the collection and processing of mail, of which I
11 am readily familiar, and addressed as set forth below.
12 by depositing a true copy thereof enclosed in a sealed envelope with delivery
fees thereon fully prepaid in a box or other facility regularly maintained by
13 Federal Express or delivering to an authorized courier or driver authorized by
Federal Express to receive documents on the same date that it is placed at
14 Basham Law Group, Inc. for collection, addressed as set forth below.
15 ¥Y by causing a true and correct copy thereof to be personally delivered by courier
to the person(s) at the address(es) set forth below.
16
Attorney for Plaintiff:
17
William Bowen
18 BOWEN LAW FIRM
3017 Douglas Blvd., Suite 300
19 Roseville, CA 95661
20 of perjury under the laws of the State of California that the
I declare under penalty
21 that this declaration was executed on November 20, 2020, at
foregoing is true and correct, and
22
Sacramento, California.
23
24 Susan Basham
25
26
27
28
10
MaterialFacts inSupportof Motion Case No. SCV0041410
SeparateStatement ofUndisputed
forSummary Judgment, or, Summary
Alternatively, Adjudication
Preview
ELECTRONICALLY FILED superior Court of California, County of Placer 11/20/2020 — GARY R. BASHAM (SBN 130119) By: Laurel Sanders, Deputy Clerk BASHAM LAW GROUP 8801 Folsom Blvd., Suite 280 DO Sacramento, CA 95826 WW Telephone: (916) 282-0841 Facsimile: (916) 266-7478 FSF gary@bashamlawgroup.com CA Attorneys for Defendants CIBOEUREKA, LLC, CHAD DBA LANZA and ALAN STEVENS SY C3Oo SUPERIOR COURT OF THE STATE OF CALIFORNIA Oo COUNTY OF PLACER UD XOCHITL CAMPOS, an individual, Case No. SCV0041410 OULU Plaintiff, SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN VS. SUPPORT OF DEFENDANTS CHAD LANZA AND ALAN STEVENS’ CIBOEUREKA, LLC; CHAD LANZA; ALAN | MOTION FOR SUMMARY BR STEVENS; DOES 1-25, inclusive, JUDGMENT AND/OR ADJUDICATION Defendants. On Complaint Filed: July 6, 2018 a Trial Date: March 1, 2021 OD Hearing Date: February 4, 2021 ew Hearing Time: 8:29am Dept.: 42 BO HNS&F Pursuant to Code of Civil Procedure section 437c(b) and California Rules of Court SS WKY 342(d), Defendants Chad Lanza (“Lanza”) and Alan Stevens (“Stevens”) (collectively “Individual KNYh Defendants”) hereby submit the following Separate Statement of Undisputed Material Facts, NHOe together with references to supporting evidence, in support of their Motion for Summary BF YW Judgment and/or Adjudication against the claims of Plaintiff Xochitl Campos (‘Plaintiff’): NN eo WA NN aA 1 SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS SACRAMENTO COUNTY SUPERIOR COURT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT CASE No. 06AS01793 BL COMMON UNDISPUTED MATERIAL FACTS DEFENDANTS’ UNDISPUTED PLAINTIFF’S RESPONSE AND BD MATERIAL FACTS AND SUPPORTING SUPPORTING EVIDENCE EVIDENCE Fe 1. ‘Plaintiff was employed by Cibo as a OH hostess at its Roseville restaurant from January 2017 to September 2017. Complaint F§1, 9 (attached as Exhibit A NHN to the Declaration of Gary R. Basham in Support of Defendants’ Motion for Summary Judgment (hereinafter referred co to as “Basham Decl.”) oO Defendant Ray Silva was _ the 8 chef/manager for the restaurant and was Plaintiff's immediate supervisor. = Complaint J93, 10 (Exhibit A to Basham Decl.) SOS Lanza and Stevens were owners of Cibo and acted as Plaintiff's supervisors RPAaAakRE during her employment. Complaint 794, 14 (ExhibitA to Basham Decl.) Plaintiff alleges that she was sexually harassed by Silva. Complaint J{li-12 (Exhibit A to Basham Decl.) Plaintiff alleges that when she rejected Silva’s advances, Silva began to make BSE the workplace increasingly hostile and reduced Plaintiffs work hours. Complaint 913 (Exhibit A to Basham Deci.) ek Plaintiff asserts she attempted to Ww approach Cibo owners Lanza and Stevens regarding the issues she was NYDN BS having with Silva, but they referred her back to Silva, stating that he was the restaurant manager. Complaint {14 (Exhibit A to Basham Decl.) PR YY tw Plaintiff continued to feel harassed in the workplace and felt she had no choice but to resign her position in September 2017. NN oye Complaint 917 (Exhibit A to Basham Decl.) mh 2 SeparateStatement ofUndisputed MaterialFacts inSupport ofMotion Case No. SCV0041410 forSummary Judgment, or,Alternatively,Summary Adjudication Be PB ISSUES w& ISSUE NO. 1: Lanza is Entitled te Summary Judgment/Adjudication on Plaintiff's First Cause of Action for Sex Discrimination because Plaintiff has Failed to Establish the BB Elements of a Prima Facie Claim against Lanza DEFENDANT’S UNDISPUTED PLAINTIFF’S RESPONSE & EVIDENCE A MATERIAL FACTS & EVIDENCE DH Defendants fully incorporate herein by NY this reference Undisputed Material Facts Nos. | and 3 and supporting evidence. OO 8. Plaintiff alleges a cause of action for sex Oo discrimination in violation of FEHA against Cibo, Lanza and Stevens. Complaint, First Cause of Action, S (Exhibit A to Basham Decl.) 9, Plaintiff alleges that Cibo, Lanza and BROKE Stevens discriminated against her in violation of Government Code section 12940(a) because they failed to prevent harassment, discrimination and retaliation against Plaintiff due to her sex and otherwise discriminated against Plaintiff with regard to the terms and conditions of her employment. Complaint 923 (Exhibit A to Basham ri_USA Deci.) =Cae ISSUE NO. 2: Stevens is Entitled to Summary Judgment/Adjudication on Plaintiff's First Cause of Action for Sex Discrimination because Plaintiff has Failed to Establish the Elements of a Prima Facie Claim against Stevens. HDFS NYDDSNWN = Defendants fully incorporate herein by this reference Undisputed Material Facts Nos. 1, 3, 8 and 9 and supporting evidence. NYEe SY YW NM AnH NKR 3 SeparateStatement ofUndisputed MaterialFacts inSupport ofMotion Case No. SCV0041410 forSummary Judgment, or,Alternatively, Summary Adjudication to Summary Judgment/Adjudication on Plaintiff's Second ISSUE NO. 3: Lanza isEntitled lish the — Harassment because Plaint iff has Failed to Estab Cause of Action for Sexual Elements of a Prima Facie Claim agains t Lanza . NL Defendants fully incorporate herein by WY this reference Undisputed Material Facts Nos. 1 through 7 and supporting FP evidence. WA 10. Plaintiff's Second Cause of Action asserts a claim for Harassment in BA Violation of Government Code section 12940 (j)(1) against all Defend ants. NN Complaint, Second Cause of Action, (Exhibit A to Basham Decl.) Co Oo 11. Plaintiffs Complaint alleges Silva as the harasser. Complaint [§11-1 2 (Exhibi t A S to Basham Decl.) 12. Plaintiff does not allege in her Complaint BAS that Lanza specifically sexually harassed her at work. Complaint 499-27 (Exhibit A to Basham Decl.) asserts the following AARE 13. Plaintiff only alleged facts of harassment by Lanza directed at Plainti ff person ally in response to Lanza’ s Interro gatory No. 1 in his First Set of Special Interrogatories, which asked: “Descr ibe in detail all QU SF actions and statements by LANZA which YOU claim constituted —sexual e® FTF harassment:” (1) Lanza would be stand- offish and disinterested while speaking FF BSE to Plaintiff, which he did not share the same behavior towards the male WY counterparts within the restaurant, (2) Lanza failed to acknowledge Plaintiff LY when he came into the restaurant to dine unless Plaintiff directly addressed him, WKY and even then his responses were PRB dismissive and uninterested; and (3) NH Lanza allegedly told Plaintiff “good girl” in a highly condescending manner after YH Plaintiff displaced waiting custom ers in favor of lLanza’s personal friend. NHN Plaintiff's Response to Lanza’ s First Set yPreepp of Special Interrogatorie s, Interr ogator y DH No. 1 (Exhibit B to Basham Decl.) Ww Ny of Motion Case No. SCV0041410 SeparateStatement of UndisputedMaterialFacts inSupport Judgment, or, Summary Alternatively, Adjudication forSummary 14. Plaintiffs remaining allegations of HB harassment by Lanza set forth in response to Lanza’s Interrogator y No. 1 WY in his First Set of Special Interrogatories, constitute nothing more than Fe observations by Plaintiff, comments by Cibo staff to Plaintiff concerning Lanza A and one customer complaint. Plaintiff's Response to Lanza’s First Set of Special DH Interrogatories, Interrogatory No. ‘| (Exhibit B to Basham Decl.) JN is Entitled to Summary Judgment/Adjudication on Plaintiff's ISSUE NO. 4: Stevens the to Establ ish © Cause of Action for Sexual Harassment because Plaintiff has Failed Second Elements of a Prima Facie Claim against Stevens. oOo MATERIAL FACTS PLAINTIFF’S RESPONSE & EVIDENCE UNDISPUTED EAS Defendants fully incorporate herein by this reference Undisputed Material Facts RB Nos. 1 through 7, 10-11 and support ing evidence. EH 15. Plaintiff does not allege in her Complaint AAaAES that Stevens specifically sexually harassed her at work. Compla int 499-27 RB (Exhibit A to Basham Decl.) Plaintiff does not assert that Stevens 16. sexually harassed her or acted sexually inappropriate in any was at the restaurant. Plaintiff allegations in support of her harassment cause of RB to the Se action against Stevens are limited following: (1) Stevens was made aware F& of the sexual harassment Plaintiff was enduring by Silva and he failed to NH address or appropriately handle Plaintiff's complaint; (2) Stevens MW RP ignored her concern for her employment when she faced retaliation by Silva for NY turning down his sexual advances by having her shifts cancelled and her hours NY reduced; and (3) Stevens failed to honor Plaintiff's request to have her final YH paycheck sent to her by USS. mail. Plaintiff's Response to Steven's First Set Pp N of Special Interrogatories, Interr ogator y No. 1 (Exhibit C to Basham Decl.) NH PNP NY NH 5 of Motion Case No. SCV0041410 SeparateStatementof Undisputed MaterialFacts inSupport forSummary Judgment, or, Summary Alternatively, Adjudication Judgment/Adjudication on Plaintiff's Third WV ISSUE NO. 5: Lanza is Entitled to Summary Supervision because Plaintiff has Failed to Establ ish the Cause of Action for Negligent WY Elements of a Prima Facie Claim against Lanza. kh FACTS PLAINTIFE’S RESPONSE & EVIDENCE UNDISPUTED MATERIAL MM Defendants fully incorporate herein by OHO this reference Undisputed Material Facts Nos. 1 and 3 and supporting evidence. SN fF 17. Plaintiff's Third Cause of Action asserts a claim for Negligent Superv ision coco against Cibo, Lanza and Stevens. 10 Complaint, Third Cause of Action, (Exhibit A to Basham Decl.) 11 18. Plaintiff alleges that “the Defendant” 12 (clearly Cibo) retained Silva and as a result breached “its” duty to exercis e 13 reasonable care and acted negligently by failing to ensure they would comply with 14 regulations in _ place regarding harassment and discrimination. 15 Complaint 436 (Exhibit A to Basham Decl.) 16 on Plaintiff's Third ISSUE NO. 6: Stevens is Entitled to Summary Judgment/Adjudication Plaintiff has Failed to Establish the 17 Cause of Action for Negligent Supervision because Elements of a Prima Facie Claim against Stevens. 18 Defendants fully incorporate herein by 19 this reference Undisp uted Materia l Facts Nos. 1, 3, 17-18 and supporting 20 evidence. 21 on Plaintiff's Fourth ISSUE NO. 7: Lanza is Entitled to Summary Judgment/Adjudication Elements ofa 22 Cause of Action for Retaliation because Plaintiff has Failed to Establish the Prima Facie Claim against Lanza. 23 Defendants fully incorporate herein by 24 this reference Undisputed Material Fact Nos. 1 and 3 and suppor ting evidence. 25 19. Plaintiff's Fourth Claim for Retaliation is 26 against Cibo, Lanza and Stevens. Complaint, Fourth Cause of Action 27 (Exhibit A to Basham Decl.) 28 6 of Motion Case No. SCV0041410 SeparateStatementof Undisputed MaterialFacts inSupport forSummary Judgment, or, Summary Alternatively, Adjudication is Entitled to Summary Judgment/Adjudication on Plaintiff's ISSUE NO. 8: Stevens the for Retaliation because Plaintiff has Failed to Establish Fourth Cause of Action Elements of a Prima Facie Claim against Stevens. MATE RIAL FACTS PLAINTIFF’S RESPONSE & EVIDENCE UNDIS PUTED Ww Defendants fully incorporate herein by this reference Undisputed Material Facts Nos. 1, 3 and 19 and support ing ND NN evidence. to Summary Judgment/Adjudication on Plaintiff's Fifth ISSUE NO. 9: Lanza is Entitled Prevent Discrimination, Harassment and Retali ation becaus e Cause of Action for Failure to to Establish the Elements of a Prima Facie Claim against Lanza. Plaintiff has Failed fe MATERIAL FACTS PLAINTIFF’S RESPONSE & EVIDENCE UNDISPUTED Oo 10 Defendants fully incorporate herein by this referen ce Undisp uted Materia l Facts 11 Nos. 1 and 3 and supporting evidence. 12 20. Plaintiff's Fifth Cause of Action against Cibo, Lanza and Stevens is for Failure to 13 Prevent Discrim ination , Harassm ent and Retaliation in violation of FEHA, 14 Government Code section 12940 (k). Complaint, Fourth Cause of Action {5 (Exhibit A to Basham Decl.) 16 is Entitled to Summary Judgment/Adjudication on Plaintiff's Fifth ISSUE NO. 10: Stevens 17 Failure to Prevent Discrimination, Harass ment and Retalia tion becaus e Cause of Action for to Establish the Elements of a Prima Facie Claim against Stevens. 18 Plaintiff has Failed MATERIAL FACTS PLAINTIFF’S RESPONSE & EVIDENCE 19 UNDISPUTED 20 Defendants fully incorporate herein by 21 Material Facts this reference Undisputed Nos. 1, 3 and 20 and supporting 22 evidence. 23 24 25 26 27 28 7 Motion Case No. SCV0041410 Statementof Undisputed MaterialFactsin Supportof Separate forSummary Judgment, or, Summary Alternatively, Adjudication to Summary Judgment/Adjudication on Plaintiff's Sixth ISSUE NO. 11: Lanza is Entitled Termination in Violation of Public Policy becaus e Plainti ff Cause of Action for Constructive Failed to Establish the Elements of a Prima Facie Claim against Lanza. has WY FACTS PLAINTIFE’S RESPONSE & EVIDENCE UNDISPUTED MATERIAL W EF Defendants fully incorporate herein by He this reference Undisputed Material Facts Nos. 1 and 3 and supporting evidence. HR 21. Plaintiff's Sixth Cause of Action against NI Cibo, Lanza and Stevens is for Constructive Termination based on eo FEHA. Complaint, Sixth Cause of Action, 959-60. (Exhibit A to Basham wo Decl.) 10 on Plaintiff's Sixth ISSUE NO. 12: Stevens isEntitled to Summary Judgment/Adjudication Termination in Violation of Public Policy becaus e Plainti ff 11 Cause of Action for Constructive to Establish the Elemen ts of a Prima Facie Claim against Stevens has Failed 12 & EVIDENCE UNDISPUTED MATERIAL FACTS PLAINTIFF’S RESPONSE 13 Defendants fully incorporate herein by 14 this reference Undisputed Material Facts Nos. 1, 3 and 21 and support ing 15 evidence. 16 on Plaintiff's ISSUE NO. 13: Lanza is Entitled to Summary Judgment/Adjudication Intentional Infliction of Emotional Distress because Plaintiff's 17 Seventh Cause of Action for Claim is Barred by the Workers’ Compensation Act. 18 & EVIDENCE UNDISPUTED MATERIAL FACTS PLAINTIFF’S RESPONSE 19 20 Defendants fully incorporate herein by 21 this reference Undisputed Materia l Facts Nos. 1 and 3-7, 9 and 13-14 and 22 supporting evidence. 23 22. Plaintiffs Seventh Cause of Action against all Defendants a cause of action 24 for intentional infliction of emotio nal distress. 25 26 27 28 8 Case No. SCV0041410 Statement ofUndisputed MaterialFactsin Supportof Motion Separate forSummary Judgment, or,Altematively,Summary Adjudication 14: Stevens is Entitled to Summary Judgment/Adjudication on Plaintiff's ISSUE NO. — of Action for Intentional Infliction of Emotional Distress because Plaintiff's Seventh Cause Claims isBarred by the Workers’ Compensation Act. WNW MATERIAL FACTS PLAINTIFE’S RESPONSE & EVIDENCE UNDISPUTED WY Defendants fully incorporate herein by F&F this reference Undisputed Material Facts Nos. 1, 3-7, 9, 16 and 22 and supporting AH evidence. DH Lanza is Entitled to Summary Judgment/Adjudication on Plaintiff's ISSUE NO. 15: NS of Action for Intentional Infliction of Emotio nal Distress because Plaintiff Seventh Cause has Failed to Establish the Elements of a Prima Facie Claim against Lanza 6 MATER IAL AN FACTSAS PLAINTIFF’S RESPONSE & EVIDENCE UNDIS ee PUTED Oo een enesceneanvenitaa aes atuinn etn anntentnlt nec Defendants fully incorporate herein by eS reference Undisput ed Material Facts rwAAaAaRBH this Nos. 1 and 3-7, 9, 13-14 and 22 and supporting evidence. 16: Stevens is Entitled to Summary Judgment/Adjudication on Plaintiff's ISSUE NO. of Action for Intentio nal Infliction of Emotion al Distress because Plaintiff Seventh Cause has Failed to Establish the Elements of a Prima Facie Claim against Stevens MATERIAL FACTS PLAINTIFF’S RESPONSE & EVIDENCE UNDISPUTED Defendants fully incorporate herein by this reference Undisputed Material Facts Nos. 1, 3-7, 9, 16 and 22 and supporting Se evidence. NYK BB WN Dated: November 20, 2020 BASHAM LAW. he RBBR WYN GARY R. BASHAM Attorneys for Defendants CIBOEUREKA, LLC, CHAD LANZA and ALAN STEVENS YN PR oN PR bh 9 Supportof Motion Case No. SCV0041410 SeparateStatement ofUndisputed MaterialFactsin forSummary Judgment, or,Altematively,Summary Adjudication PROOF OF SERVICE LW I,the undersigned declare: J am employed in the County of Sacramento, State of California. I am over the BW years and not a party to the within action; my business address is 8801 Folsom age of eighteen SF Blvd, Suite 280, Sacramento, CA 95826. A On November 20, 2020, Iserved the within: WO SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF NY DEFENDANTS CHAD LANZA AND ALAN STEVEN S’ MOTION FOR SUMMA RY JUDGMENT AND/OR ADJUDICATION 6&6 by placing a true copy thereof enclosed in a sealed envelope with postage Oo thereon fully prepaid for deposit in the United States Post Office mail box, at 10 my business address shown above, following Basham Law Group, Inc.’s ordinary business practices for the collection and processing of mail, of which I 11 am readily familiar, and addressed as set forth below. 12 by depositing a true copy thereof enclosed in a sealed envelope with delivery fees thereon fully prepaid in a box or other facility regularly maintained by 13 Federal Express or delivering to an authorized courier or driver authorized by Federal Express to receive documents on the same date that it is placed at 14 Basham Law Group, Inc. for collection, addressed as set forth below. 15 ¥Y by causing a true and correct copy thereof to be personally delivered by courier to the person(s) at the address(es) set forth below. 16 Attorney for Plaintiff: 17 William Bowen 18 BOWEN LAW FIRM 3017 Douglas Blvd., Suite 300 19 Roseville, CA 95661 20 of perjury under the laws of the State of California that the I declare under penalty 21 that this declaration was executed on November 20, 2020, at foregoing is true and correct, and 22 Sacramento, California. 23 24 Susan Basham 25 26 27 28 10 MaterialFacts inSupportof Motion Case No. SCV0041410 SeparateStatement ofUndisputed forSummary Judgment, or, Summary Alternatively, Adjudication