Pat sued his former employer, Dan’s Donuts, Inc., in the Fed…
Pat sued his former employer, Dan’s Donuts, Inc., in the Federal Court for the Central District of California. Pat had communicated to his attorney that, due to his race, he was hired only to make Dan’s Donut’s, Inc. look like a diverse company, that he was falsely promised promotions to management upon being hired, and that he has been passed up for promotions despite being the most qualified applicant. Pat also suffered personal injuries due to a slip and fall at work. The lawsuit’s causes of action are as follows: First Cause of Action: Violating Federal Title VII Protections Against Workplace DiscriminationSecond Cause of Action: Common Law FraudThird Cause of Action: Negligence (related to a slip and fall due to insufficient floor mats provided by Dan’s Donuts, Inc. to all of its locations) Regarding the Second Cause of Action for Fraud, the complaint states: “Dan’s Donuts, Inc. made false statements to Pat, causing him damages in an amount no less than $50,000.00.” Pat is a life-long resident of Los Angeles, CA. Dan’s Donuts, Inc. is incorporated in the state of California with its principal place of business in San Francisco, CA. Pat worked at the Los Angeles location. Dan’s Donuts, Inc. was timely served with the summons and complaint. Dan’s Donuts, Inc. timely filed and served a Motion to Dismiss each Cause of Action pursuant to Rule 12(b)(1) for Lack of Subject Matter Jurisdiction. Dan’s Donuts also timely filed and served a Motion to Dismiss pursuant to Rule 12(b)(6) – Failure to State a Claim – with regard to the Fraud Cause of Action. (1) Does the Federal District Court for the Central District of California have Subject Matter Jurisdiction over each of Pat’s claims: Title VII Employment Discrimination? Discuss. Common Law Fraud? Discuss. Negligence? Discuss. (2) Assuming that the Federal District Court for the Central District of California has Subject Matter Jurisdiction over Pat’s Fraud cause of action, should it still dismiss it for Failure to State a Claim? Discuss.