Motion for summary judgment denied. Motion for summary adjudication on 1st, 2nd and 4th causes of action denied. Motion for summary adjudication on 3rd cause of action for age discrimination granted. Defendant to prepare the order and give notice.

Defendant Desert Community College District moves the court for summary judgment on Deas claims for: 1) retaliation in violation of Government Code section 12653; 2) retaliation in violation of Labor Code section 1102.5, 3) age discrimination in violation of Government Code section 12940 and 4) Intention Infliction of Emotional Distress (“IIED).

Summary judgment is granted when a moving party establishes the right to entry of judgment on a particular cause of action as a matter of law. (Code Civ. Proc. § 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete