Vaughan v. Jacobs & Jacobs 11/8/01 CA2/6

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State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B144394

Case Date: 01/30/2002

Preview:Filed 11/8/01

NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

LARRY VAUGHAN, Plaintiff and Appellant, v. JACOBS & JACOBS, Defendant and Respondent.

2d Civil No. B144394 (Super. Ct. No. CIV 191592) (Ventura County)

Larry Vaughan appeals the dismissal of his action against former employer, Jacobs & Jacobs (Jacobs). The dismissal followed summary adjudication of claims for wrongful termination and disability discrimination in violation of the California Fair Employment and Housing Act (FEHA), Government Code section 12900 et seq.,1 and voluntary dismissal of the remaining breach of contract claim. Vaughan contends, among other things, that the trial court erred in concluding that statements on his disability application estop him from asserting that he was able to perform the essential functions of his job with a reasonable accommodation for his disability. We reverse. Triable facts exist on whether Vaughan established a prima facie case of disability discrimination and whether Jacobs' reasons for terminating Vaughan were pretextual.

1 All statutory references are to the Government Code unless otherwise indicated.

2. FACTS AND PROCEDURAL HISTORY Vaughan worked as an accountant for Jacobs, a small accounting firm, for five months before he left during tax season on an unpaid medical leave. He had back pains along with fatigue, slurred speech, sore muscles, and experienced difficulty walking. He was diagnosed with multiple sclerosis (MS).2 Vaughan immediately began a course of treatment that alleviated many of his symptoms. Toward the end of March 1999, Vaughan's doctor told him that he could return to work. On March 27, 1999, Vaughan called Jacobs and told him that he was ready to come back to work. But Vaughan did not return. Instead, another doctor certified that Vaughan would be unable to work until April 30, 1999. To handle the extra work during tax season, Jacobs hired a temporary accountant. During April, Vaughan called Jacobs after tax season, three days before his leave expired. During that conversation, Vaughan told Jacobs that he was ready to "come back to work, try part time and work up to full time." Vaughan recalls that Jacobs told him he would have to check with his partners. Jacobs never got back to Vaughan. While on medical leave, Vaughan applied for and received monthly disability benefits from the government. In his disability benefits application, Vaughan declared that his condition prevented him from returning "to regular and customary work." On the application, Vaughan's neurologist estimated June 1, 1999, as the date when Vaughan could return to work. On May 1, 1999, when Vaughan's medical leave expired, he did not return to work. On May 12, 1999, Jacobs fired him.

2 MS is a slowly progressive, debilitating disease of the central nervous system. "Typically, the symptoms . . . are weakness, incoordination, paresthesias, speech disturbances, and visual complaints. The course of the disease is usually prolonged, so that the term multiple also refers to remissions and relapses that occur over a period of many years." (Dorland's Illustrated Medical Dict. (28th ed. 1994) pp. 1495-1496.)

3. Vaughan filed suit for disability discrimination (

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