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Case Name Daniel v. Tesoro Refining and Marketing Co.
Date 03/28/2011
Note A worker's Fair Employment and Housing Act suit should go to trial because triable issues of fact existed about whether the employer ever actually sought to accommodate the plaintiff's work-related disability.
Citation B218935
WCC Citation WCC 37382011 CA
MICHELE DANIEL, Plaintiff and Appellant, v. TESORO REFINING AND MARKETING COMPANY, Defendant and Respondent. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS BOREN, P. J. Michele Daniel (Employee) appeals from the summary judgment entered following the grant of a motion for summary judgment or summary adjudication by Tesoro Refining and Marketing Company (Employer). Thus, I would affirm the trial court's order awarding summary judgment to defendant and respondent Tesoro Refining and Marketing Company (Tesoro). On or about March 27, 2009, Tesoro filed a motion for summary judgment or, in the alternative, summary adjudication of issues. She claims that she was qualified for numerous other positions at Tesoro, but Tesoro refused to even allow her to interview for them.

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