Smith v. BP Lubricants USA Inc.Annotate this Case
Robert Smith’s employer, Najjar Lube Centers, Inc. dba Jiffy Lube, held a presentation for its employees to learn about a new Castrol product. Castrol employee Gus Pumarol led the presentation. Smith alleges that Pumarol made several comments to Smith during the presentation that he considered racist and offensive. Smith sued BP Lubricants USA, Inc. dba Castrol (BP) and Pumarol for harassment under the California Fair Employment and Housing Act, and for discrimination under the Unruh Act. Smith also sued Pumarol for intentional infliction of emotional distress (IIED). The trial court sustained BP and Pumarol’s demurrer without leave to amend, and Smith timely appealed. The Court of Appeal reversed the judgment. The Court affirmed the trial court’s order sustaining BP and Pumarol’s demurrer to Smith’s FEHA claim without leave to amend, but concluded, however, that Smith sufficiently alleged claims for IIED and violation of the Unruh Act. The matter was remanded for further proceedings.