MIRAMORE, LLC VS TYLER

1. CASE # CASE NAME HEARING NAME CVPS2304017 MIRAMORE, LLC VS TYLER HEARING RE: MOTION TO COMPEL Tentative Ruling: Granted.

No opposition filed.

The Motion of Plaintiff MIRAMORE LLC to compel the Attendance, Testimony, and Production of Documents at the Deposition of Defendant BRIAN SULLIVAN is granted.

Monetary sanctions in the amount of $3,162.50 are awarded in favor of Plaintiff MIRMORE LLC and against Defendant BRIAN SULLIVAN, payable within 30 days of this order, to reimburse the Plaintiff for fees incurred in having to move to compel Defendant to attend, testify, and produce documents. CCP §§ 2030.300(c), 2023.010(d), 2023.030(a). Defendant BRIAN SULLIVAN is ordered to appear, testify, and produce documents at deposition within 30 days of this order.

Moving party to provide notice pursuant to CCP 1019.5.

2. CASE # CASE NAME HEARING NAME MOTION TO COMPEL DEFENDANT UNITED GROUND EXPRESS, INC. TO MELENDREZ VS UNITED PROVIDE FURTHER RESPONSES, CVPS2500832 GROUND EXPRESS, INC. WITHOUT OBJECTION, TO FORM INTERROGATORIES-GENERAL (SET ONE) BY ANGELIQUE MELENDREZ Tentative Ruling: Denied.

Responding party to provide notice pursuant to CCP 1019.5.

This is an employment discrimination case. Plaintiff Angelique Melendrez (“Plaintiff”) suffers from leukemia, which is a disability that affects major life activities. On October 30, 2023, Plaintiff was hired by Defendants United Ground Express, Inc. (“Defendant”) and United Airlines, Inc. (collectively “United”). Plaintiff alleges that during the application process, she informed United, and its human resources agent, Defendant Kevin Tomas (“Tomas”), about her disability and need for accommodation.

Plaintiff was required to obtain an Employee Status Form (“ESF”) from her doctor. On November 14, 2023, Plaintiff provided the complete ESF, which included restrictions of not lifting more than 45 pounds, a maximum of four hours standing, and a maximum of six hours walking, kneeling, squatting, or crawling. At the end of November, Plaintiff was called into a meeting with Tomas, Defendant Donald Miller (“Miller”) and other supervisors, at which time she was told that United could not permanently accommodate her restrictions.

Plaintiff received a revised ESF from her oncologist with limited, temporary restriction. She began training on December 3, 2023, but was the told to stay back from training on December 6. On December 7, 2023, Miller told her via text message that United would not move forward with her employment to disclose her disability prior to employment.