California Court of Appeal

In an action alleging plaintiff was discharged from employment in violation of the Fair Employment and Housing Act (FEHA), summary judgment entered against plaintiff is affirmed in part, reversed in part, and remanded where: 1) plaintiff failed to raise a triable issue as to whether Continental employees who made the decision to discharge him knew of his alleged disability at the time they made that decision; 2) there were triable issues of fact as to whether plaintiff submitted material to Continental that constituted a request for California Family Rights Act (CFRA)-qualifying leave; and 3) if, as plaintiff's evidence shows, he was terminated because of absences for a period that was subject to a request for CFRA leave, plaintiff has a CFRA claim.

Appellate Information

• Decided 08/11/2008
• Published 08/11/2008

Judges

• MOSK, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Mancini & Associates, Marcus A. Mancini, Sherman Oaks;  Benedon & Serlin, Gerard M. Serlin and Kelly R. Horwitz, Los Angeles, for Plaintiff and Appellant.


• For Appellees:
  
• Law Offices of Steven Drapkin and Steven Drapkin, Los Angeles, for Defendant and Respondent.