9000647 – HOLLINSHED, LYNETTE vs. EMPLOYMENT DEVELOPMENT DEPARTMENT – Defendants Employment Development Department and Mary Ruiz’s Motion for Summary Judgment or, in the Alternative, Summary Adjudication – HEARING REQUIRED. The Motion is GRANTED IN PART AND DENIED IN PART, as follows.
The Court GRANTS summary adjudication as to all claims and causes of action arising from conduct that occurred prior to January 13, 2016, when Plaintiff signed a release for consideration. The release contained a general release of all claims as well as a waiver of Civil Code section 1542
(Exhibit U to Defendant’s Compendium of Evidence.)
This language contained in the general release is plain on its face. Plaintiff argues that the release is invalid and unenforceable because she did not believe she was releasing and waiving all previous acts of discrimination, harassment and retaliation. She contends that there must be independent evidence, separate and apart from the release itself that the releasing pa
Hearing Date
February 18, 2021
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9000647 – HOLLINSHED, LYNETTE vs. EMPLOYMENT DEVELOPMENT DEPARTMENT – Defendants Employment Development Department and Mary Ruiz’s Motion for Summary Judgment or, in the Alternative, Summary Adjudication – HEARING REQUIRED. The Motion is GRANTED IN PART AND DENIED IN PART, as follows.
The Court GRANTS summary adjudication as to all claims and causes of action arising from conduct that occurred prior to January 13, 2016, when Plaintiff signed a release for consideration. The release contained a general release of all claims as well as a waiver of Civil Code section 1542
(Exhibit U to Defendant’s Compendium of Evidence.)
This language contained in the general release is plain on its face. Plaintiff argues that the release is invalid and unenforceable because she did not believe she was releasing and waiving all previous acts of discrimination, harassment and retaliation. She contends that there must be independent evidence, separate and apart from the release itself that the releasing pa