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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Morrison v. Vineyard Creek L.P., 193 Cal. App. 4th 1254 (2011)

Citation
Morrison v. Vineyard Creek L.P., 193 Cal. App. 4th 1254 (2011)
Parent Document
Morrison v. Vineyard Creek L.P., 193 Cal. App. 4th 1254 (2011)
Jurisdiction
California (state)
Effective Date
2011-03-29

Other Sections in This Document (83)

Full Text

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There is also some question whether it was really Morrison’s lawsuit that got Morrison her relief. Before the lawsuit was filed, Vineyard Creek’s attorney twice asked Ramsey for authority that would change his view as to the scope of the Child Day Care Act. Although Morrison’s attorney knew of the legislative history that ultimately convinced Vineyard Creek to permit Morrison to operate her family daycare home, and referred to it generally in her April 16, 2007 letter, she did not actually provide the legislative history to Vineyard Creek before filing the lawsuit. We do not imply that she had any obligation to do so; but the fact is that this legislative history concerning the Child Day Care Act—not the assertion of the antiretaliation and FEHA claims—is what seemed to trigger Vineyard Creek’s decision to permit Morrison to open her family daycare home and compensate Morrison for her damages. Once Vineyard Creek understood the scope of the Child Day Care Act, it made no effort to evict or harass Morrison or discriminate or retaliate against her, and there is no indication it would have done so absent the filing of the antiretaliation and FEHA claims.