Graff v. Vallejo City Unified School
Filed 4/24/06 Graff v. Vallejo City Unified School Dist. CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977 .
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
| JANE A. GRAFF, Plaintiff and Appellant, v. VALLEJO CITY UNIFIED SCHOOL DISTRICT, Defendant and Respondent. |
A106121
(Solano County Super. Ct. No. FCS 020414) |
A motion for nonsuit is a procedural device that allows a defendant to challenge the sufficiency of a plaintiff's evidence. (Campbell v. General Motors Corp. (1982) 32 Cal.3d 112, 117.) Effectively, the motion is a demurrer to the plaintiff's evidence that concedes the truth of the facts proved, but denies as a matter of law that they sustain the plaintiff's case. (Edwards v. Centex Real Estate Corp. (1997) 53 Cal.App.4th 15, 27-28.) In this appeal, plaintiff Jane Graff challenges, among other things, the trial court's order granting a nonsuit as to all but one of her causes of action against defendant Vallejo City Unified School District (District) for employment discrimination. We reject each of plaintiff's contentions and affirm.
Factual Background
Plaintiff, who is deaf, was hired as a substitute teacher in April 1996. At that time, the District used a â€
