CAPITAL ONE N.A. vs. ARCHIE A. PETERS

notified MEYER of PEREZ’s aggressive conduct in a March 4, 2021 email to MEYER’s Vice President of Human Resources Jennifer Bledsoe. In a subsequent email on March 9, 2021 to Chris Banning, MEYER’s president, Bledsoe admitted and conveyed to Banning awareness that PEREZ’s aggressive conduct was directed at his female direct reports, suggesting animus based on sex and/or gender, and that PEREZ’s aggressive conduct was driven at least in part by cultural animus. Later that same week Banning increased PEREZ’s pay twice, providing evidence of approval of PEREZ’s conduct. When MEYER reduced its workforce for the stated reason of cost savings, Plaintiff was the only employee terminated; further, Banning approved the cost savings proposal as it was presented by PEREZ. This evidence further suggests ratification of PEREZ’s actions against Plaintiff.

MEYER’s argument in opposition speaks to a lack of evidence that MEYER failed to perform any promised investigation of PEREZ and does not address the identified evidence substantially likely to support a finding of ratification.

The court finds that the evidence presented suffices, for purposes of the instant motion, to demonstrate that Plaintiff has a substantial probability of obtaining punitive damages against MEYER at trial based on ratification of PEREZ’s harassing conduct.

Conclusion. Plaintiff’s motion is granted.

THE PARTIES ARE TO APPEAR to address deadlines for the above financial discovery.

CAPITAL ONE N.A. vs. ARCHIE A. PETERS Case No. CL25-03911

Motion by Plaintiff to Vacate Dismissal and Enter Judgment Under Terms of the Stipulated Settlement Against Defendant

TENTATIVE RULING

Plaintiff’s motion to vacate dismissal and enter judgment is denied without prejudice.

Reflecting due process concerns, service of a motion affecting the rights of a defendant who has not appeared in an action typically is required to be made in the same manner as required for service of summons and complaint. See, e.g., applications for writs of attachment [C.C.P. §482.070(d)], and applications for writs of possession [C.C.P. §512.030(b)].

Defendant filed no responsive pleading in this action.

The only proof of service filed here for the motion papers shows service by mail, on Defendant, at an address at which personal service of summons and complaint had