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University Of Southern California V. Superior Court Of Los Angeles County

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eBook details

  • Title: University Of Southern California V. Superior Court Of Los Angeles County
  • Author : Second Appellate District, Division Five Court of Appeal of California
  • Release Date : January 10, 1990
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 85 KB

Description

Plaintiff, Dr. Beth Miller, a tenured associate professor in the department of Spanish and Portuguese at the University of Southern California (U.S.C.), filed suit on April 12, 1985, against U.S.C. and various university employees for breach of the implied covenant of good faith and fair dealing, employment discrimination in violation of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and intentional infliction of severe emotional distress. In her complaint, Dr. Miller alleged that in 1983, U.S.C. and its employees discriminated against her because she was a woman by refusing to promote her from the rank of associate professor to that of a full professor. Various defendants filed a summary issue adjudication motion (Code Civ. Proc., § 437c, subd. (f)) seeking a pretrial determination of the following issue: "Miller cannot demonstrate any facts in support of her claim under Government Code section 12940 that she was denied promotions to full professor in 1983 and 1987 for sexually discriminatory reasons." The summary issue adjudication motion was denied as to this issue. U.S.C. filed a petition  for writ of mandate seeking to set aside the order denying the summary issue adjudication motion. This court notified the parties that we were considering issuing a peremptory writ of mandate in the first instance. (Code Civ. Proc., § 1088; Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal. 3d 171, 177-182 [203 Cal. Rptr. 626, 681 P.2d 893].) The petition is granted.


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