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Case Name | Mendez v. LAUSD | |
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Date | 04/09/2013 | |
Note | A Los Angeles Unified School District clerk who decided to file a civil action against her employer and an elementary school teacher who she says attacked her instead of filing a workers' compensation claim is not entitled to a tort claim. | |
Citation | B240919 | |
WCC Citation | WCC 40002013 CA |
This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115. WILLHITE, J. Elvira Tapia Mendez appeals from a summary judgment in favor of respondents Los Angeles Unified School District (LAUSD) and Marcia Koff, the principal of the school where Mendez worked. In the first week of October 2010, Mendez refused to proceed with the workers compensation claim the LAUSD had filed on her behalf. In March 2011, Mendez sued Koff for assault and battery and the LAUSD for wrongful termination under Labor Code section 1102. 5, subdivision (b). Mendez argues a jury could find she was terminated by principal Koff or someone at a higher level at the LAUSD who knew of her complaints. But the LAUSD carried its burden when it showed Mendez was laid off as a result of the RIF process.
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