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CVS Pharmacy v. Super. Ct. (Deluca), C077622

In an action alleging pharmacy defendants have a corporate policy of automatically terminating employees who do not work any hours for 45 consecutive days, seeking injunctive relief to challenge the policy, which she argued discriminated against qualified individuals with disabilities in violation of the California Fair Employment and Housing Act (FEHA), Gov. Code section 12900 et seq., the trial courts rulings are: 1) affirmed as to the sustainment of defendant's demurrer based on plaintiff's lack of standing and dismissal of plaintiff individually; 2) affirmed as to grant of 90 days' leave to amend for plaintiff to find a substitute plaintiff; but 3) vacated as to the grant of her motion to compel discovery of the names and contact information of current and former employees of defendants where trial court abused its discretion in allowing the proposed precertification discovery.

Appellate Information

  • Decided 10/15/2015
  • Published 10/15/2015


  • RAYE


  • California Court of Appeal


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