Malloy v. Superior Court
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Petitioner filed a complaint against Comprehensive Print Group LLC and its subsidiary American Pacific Printers College, Inc. for pregnancy and gender and sex-and-gender-based harassment in violation of FEHA; interference with her leave rights and retaliation for attempting to exercise those rights under the Pregnancy Disability Leave Law (PDLL) and the California Family Rights Act (CFRA); failure to prevent harassment, discrimination and retaliation in violation of FEHA and wrongful termination in violation of public policy.
Respondent Los Angeles Superior Court, in a terse order, granted Malloy’s employers’ motion for change of venue, concluding venue was proper only in Orange County. The Second Appellate District disagreed and granted Petitioner’s petition for writ of mandate and order respondent superior court to vacate its order granting the motion for change of venue and to enter a new order denying the motion, permitting Petitioner’s case to proceed in Los Angeles County.
The court reasoned that none of the real parties presented any evidence in the trial court disputing those allegations that Petitioner always worked from Orange County and would have been immediately required to return to the company’s Orange County office if she had not been fired. Further, Petitioner’s cause of action for interference with her PDLL rights—and, therefore, all her causes of action arising from the same set of operative facts— was properly filed in Los Angeles County.
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