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Asileti v. California Hospital Medical Center10/13/2004
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
INTRODUCTION
Plaintiff and appellant Lalitha Asileti (Asileti) sued her employer, defendant and respondent California Hospital Medical Center (Hospital), for intentional infliction of emotional distress. After this court issued an alternative writ of mandate directing the trial court to vacate its order denying summary judgment to defendant or to show cause why a peremptory writ should not issue, the trial court granted summary judgment in Hospital's favor. Because Asileti's claim for intentional infliction of emotional distress is preempted by the Worker's Compensation law, we affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
Asileti, a registered nurse, emigrated to this country from India in 1981. In July 1982, she joined Hospital's nursing staff, where the majority of nurses are Filipino. Soon after she started until June 2000, she claims she was treated unfairly as compared with the Filipino and other nurses. For example, she says she was denied promotions and lunch breaks; she was assigned duties similarly situated Filipino nurses did not have to perform and that were outside the scope of her work; she was required to keep a log of her activities; she was unfairly and arbitrarily disciplined; she was paid less than her predecessor for the same job and title; she was given too much work to do; and she was asked to perform her job in ways that compromised patient safety. A Filipino nurse told her in 1995 to learn the Filipino language or "leave." When she complained to her supervisor about her workload, she was told she could leave.
In 1999, Asileti said she became suicidal, and she began seeing a psychiatrist to treat major depression. On June 11, 2000, she took disability leave from Hospital, and her position was eventually eliminated as a part of a workforce reduction effort in August 2000.
The complaints
Asileti did not pursue any administrative remedies. Instead, on May 29, 2001, she filed a complaint that stated two causes of action: constructive discharge in violation of public policy and wrongful termination in violation of public policy. After the trial court granted Hospital's motion for summary adjudication without prejudice as to those causes of action, Asileti filed a second amended complaint containing causes of action for national origin harassment in violation of public policy, intentional infliction of emotional distress, and violation of Civil Code section 52.1. The parties stipulated to dismissing all causes of action except for the emotional distress claim. Asileti thereafter filed a verified third amended complaint that contained a single cause of action for intentional infliction of emotional distress.
Hospital moves for summary judgment
Hospital filed a motion for summary judgment, asserting the following grounds: (1) the conduct that is the subject of Asileti's complaint occurred before January 1, 2000, a time when Hospital could not have been liable for discriminatory, harassing, or retaliatory conduct based on its status as a not for profit corporation with a religious purpose; (2) the conduct Asileti complains about constitutes pure personnel management activity, and, as a matter of law, is not extreme and outrageous conduct; and (3) Asileti's claim is preempted by the worker's compensation system. The trial court
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