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Hogan v. City and County of San Francisco10/19/2005
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
I. INTRODUCTION
William Hogan sued the City and County of San Francisco (the City) for employment discrimination, retaliation for exercising his rights under the California Family Rights Act, and intentional infliction of emotional distress. Hogan's employment discrimination and retaliation claims were dismissed pursuant to the City's motion for summary adjudication of claims. Thereafter, the trial court granted an in limine motion excluding all of Hogan's evidence on the ground that the emotional distress claim was preempted by the exclusivity provisions of the Workers' Compensation Act.
On appeal, Hogan contends there are triable issues of material fact precluding summary adjudication of his retaliation claim and that his emotional distress claim is not preempted. We reject these arguments and affirm the judgment.
II. STATEMENT OF FACTS
A. Hogan's Employment
In 1978, Hogan began working as a firefighter for the San Francisco Fire Department (the Department). In 1994, after taking the lieutenant promotional exam, Hogan qualified to work open lieutenant shifts (i.e., temporary appointments to work as a lieutenant) on a "like work for like pay" basis, which meant that Hogan was paid at the lieutenant rate when called upon to work an open lieutenant shift.
In April 1999, Hogan was transferred to the Department's Emergency Communications Center. At the time, the chief of the Communications Center agreed that Hogan could continue to accept any open lieutenant assignments offered to him. This arrangement allowed Hogan to earn extra pay on the days he worked an open lieutenant shift and to gain experience as a lieutenant for promotional purposes. In August 1999, Douglas Goodin became chief of the Communications Center. Despite this change, Hogan continued to take all open lieutenant assignments offered to him.
B. Consolidation of Emergency Services
The City decided to consolidate its emergency communications services for police, fire and ambulance at a "Combined Emergency Communications Center" (CECC). The Department's merger with the CECC was scheduled for April 12, 2000, and necessitated several changes. The Communications Center staff would move to a central location, with new computers and equipment. Therefore the Department needed to train a full staff of employees, experienced in taking emergency calls, to use the new equipment and center. In addition, firefighters assigned to the CECC would work a 12-hour shift for three consecutive days as opposed to their previous schedule of a 24-hour shift, followed by 72 hours off. Chief Goodin received several complaints about this new schedule from his staff.
Hogan participated in training for Department staff who would work at the CECC. On April 6, 2000, Hogan asked Goodin to transfer him out of the Communications Center because the CECC schedule created child care problems for him and would also prevent him from taking open lieutenant assignments. Goodin denied Hogan's request, stating he was short-handed and that everyone would have to make sacrifices during the transition.
On April 6, Hogan also submitted a written request for a transfer back to the field. The stated reason for this request was "so that I may continue to gain field . . . experience that would increase my promotion
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