California Court of Appeal

In a suit against former employer alleging discrimination on the basis of plaintiff's Syrian national origin and retaliation, summary judgment for defendant-employer is reversed where the record presents triable issues of fact: 1) on discrimination claims in view of evidence that the decision to dismiss plaintiff-employee was in fact made by his own immediate supervisor in consultation with his supervisor; 2) that plaintiff's supervisor was angered by plaintiff's open resistance to his expressed desire to discriminate against workers taking medical leave; and 3) with respect to the existence of the malice that would overcome a statutory privilege.

Appellate Information

• Decided 07/30/2008
• Published 07/30/2008

Judges

• RUSHING, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Duckworth Peters Lebowitz,Noah D. Lebowitz, McGuinn, Hillsman & Palefsky, John A. McGuinn, San Francisco, for Plaintiff and Appellant Tamer Mamou.


• For Appellees:
  
• Orrick, Herrington & Sutcliffe, Robert S. Shwarts, Erin M. Connell, San Francisco, for Defendants and Respondents Trendwest Resorts, Inc., et al.