May 25, 2011

Gonzalez v. ATI Systems: trial court properly rejected punitive damages claim in disability discrimination case

In this unpublished opinion, the California Court of Appeal (Second District, Division Five) reverses a trial court order that granted summary adjudication for the defense on the plaintiffs' disability discrimination claims, but affirms the trial court's grant of summary adjudication for the defense on the issue of punitive damages.  The Court of Appeal thought the plaintiff had enough evidence to proceed with his liability claims, but the court ruled that the plaintiff presented no clear and convincing evidence that his employer's possibly tortious conduct was the result of malice, oppression, or fraud.