On September 25, 2019, at a Trader Joe’s store where Ortiz and her brother, Noe Ortiz, were employed, Noe was knocked to the ground when another employee, Alex Salas, slammed a U-boat cart loaded with produce into Noe’s flatbed cart.
Noe appeared visibly injured and upset, though he stated he was okay. Ortiz expressed concern about the incident to a supervisor, who allegedly disciplined her verbally and told her to mind her own business. Ortiz was terminated a few days later for purportedly unprofessional conduct, which she claimed was pretextual retaliation for reporting unsafe workplace conditions.
Ortiz filed a lawsuit alleging breach of contract, tortious breach of the implied covenant of good faith and fair dealing, retaliation under Labor Code section 6310 (prohibiting discharge for reporting work-related injuries or unsafe conditions), and wrongful termination in violation of public policy based on Labor Code § 6310 and 132a (barring retaliation for workers’ compensation claims).
Trader Joe’s demurred to the contract and implied covenant claims and the trial court sustained the demurrer without leave to amend as to the implied covenant claim but overruled it as to the breach of contract claim. Ortiz did not appear at the demurrer hearing, and the record on appeal lacked a transcript or the court’s written ruling on this matter.
Trader Joe’s subsequently moved for summary judgment on the remaining claims, arguing that Ortiz could not establish protected activity under Labor Code § 6310, as there was no evidence of a work-related injury to Noe (e.g., no broken bones, medical treatment, or workers’ compensation claim) or an unsafe working condition (the incident was described as an isolated accident without malice or prior similar occurrences).
Trader Joe’s also presented evidence that Ortiz was terminated for repeated violations of its Crew Member Conduct Policy, including prior performance reviews documenting unprofessional behavior and a statement from Salas describing Ortiz’s combative response to him. Additionally, Trader Joe’s contended that Ortiz was an at-will employee, defeating her breach of contract claim, and that there was no link between her 2012 workers’ compensation application and her 2019 termination, undermining her Labor Code § 132a-based claim.
Ortiz opposed the motion focusing on her retaliation claim and submitting a declaration asserting that Noe appeared hurt, that she reported the incident because he was injured, and that it involved unsafe work practices. Following a hearing, the trial court granted summary judgment finding no triable issues: no evidence of injury or unsafe conditions under Labor Code § 6310, at-will employment status barring the contract claim, and no retaliation linked to section 132a.
On appeal, Ortiz challenged the demurrer ruling on her implied covenant claim and the summary judgment grant. The judgment was affirmed by the Court of Appeal in the unpublished case of Ortiz v. Trader Joe’s Co., -B329657.PDF (October 2025).The opinion emphasized that isolated accidents without harm or systemic risks do not constitute protected reports under Labor Code § 6310.
The appellate court held that Ortiz forfeited her demurrer challenge due to an inadequate record (lacking the trial court’s ruling or hearing transcript) and insufficient briefing, which failed to articulate the claim’s elements or explain why the allegations sufficed, violating California Rules of Court and established precedents emphasizing the appellant’s burden to provide reasoned argument and authority.
“[I]t is a fundamental principle of appellate procedure that a trial court judgment is ordinarily presumed to be correct and the burden is on an appellant to demonstrate, on the basis of the record presented to the appellate court, that the trial court committed an error that justifies reversal of the judgment.” (Jameson v. Desta (2018) 5 Cal.5th 594, 608–609 (Jameson).) “ ‘ “A necessary corollary to this rule is that if the record is inadequate for meaningful review, the appellant defaults and the decision of the trial court should be affirmed.” ’ ” [Citation.] ‘Consequently, [the appellant] has the burden of providing an adequate record.’ ” (Id. at p. 609.)
Regarding summary judgment, reviewed de novo, the court applied the McDonnell Douglas burden-shifting framework to Ortiz’s Labor Code § 6310 retaliation claim, requiring a prima facie showing of protected activity, adverse action, and causation.
Trader Joe’s met its initial burden by citing Ortiz’s deposition testimony confirming no injury (e.g., no medical treatment or lost time) and describing the incident as an isolated accident. The burden then shifted to Ortiz, who failed to raise a triable issue. Her declaration was deemed speculative, conclusory, and self-serving, contradicted by her own testimony and other evidence (e.g., Noe’s statement that he was “good,” and no corroboration of injury).
The court interpreted “work-related injury” under Labor Code § 6310 by analogy to reportable occupational injuries under section Labor Code § 6409.1, requiring lost time or medical treatment beyond first-aid criteria unmet here.
Similarly, no evidence supported a reasonable belief in an unsafe working condition or practice. As Ortiz’s wrongful termination claim depended on violations of Labor Code § 6310 or 132a, it failed accordingly.
