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MUNIZ v. UNITED PARCEL SERVICE, INC.

No. 11-17282.

738 F.3d 214 (2013)

Kim MUNIZ, Plaintiff-Appellee, v. UNITED PARCEL SERVICE, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 5, 2013.

Attorney(s) appearing for the Case

Katherine C. Huibonhoa , Paul Hastings LLP, San Francisco, CA, filed the briefs for the defendant-appellant. With her on the briefs was Ryan C. Hess , Paul Hastings LLP, San Francisco, CA.

Michael von Loewenfeldt , Kerr & Wagstaffe LLP, San Francisco, CA, filed the brief for the plaintiff-appellee. With him on the brief were Daniel A. Zaheer , Kerr & Wagstaffe LLP, San Francisco, CA, and Stephen R. Jaffe , The Jaffe Law Firm, San Francisco, CA.

Opinion by Judge Singleton; Partial Concurrence and Partial Dissent by Judge Milan D. Smith, Jr.

OPINION

SINGLETON, Senior District Judge:

Kim Muniz sued her employer United Parcel Service, Inc., ("UPS") in California State Superior Court for employment-related discrimination in violation of California's Fair Employment and Housing Act ("FEHA"), California Government Code § 12900. Muniz made no federal claim. UPS removed the case to federal court on the basis of diversity of citizenship. The case was tried to a jury which returned a verdict in...

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