California Court of Appeal

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Mamou v. Trendwest Resorts, Inc., H031503

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.
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