MOVING PARTY: Defendant Fox Rent A Car Inc.

OPPOSITION: Plaintiff Ashenafi Benti

Plaintiff Ashenafi Benti sues his former employer, defendant Fox Rent A Car Inc., for damages and declaratory relief arising from allegations of wrongful termination based on gender discrimination, where plaintiff requested paternity leave.

On May 25, 2017, plaintiff filed a complaint for (1) discrimination, (2) failure to prevent discrimination, (3) retaliation, (4) wrongful termination in violation of public policy, and (5) declaratory relief.

On November 1, 2017, defendant filed this opposed motion for judgment on the pleadings.

Request for Judicial Notice: Defendant’s request for judicial notice of plaintiff’s DFEH complaint and a DFEH certification of records release is GRANTED. Evid. Code § 452(c), (h).

Motion for Judgement on the Pleadings Standard: A motion for judgment on the pleading may be granted where, “[i]f the moving party is a plaintiff [or cross-complainant], that the complaint [or c