On June 26, 2017, plaintiff Oscar Mayorga, 56, a custodian for the Porterville Unified School District, was designated as having resigned from his job. Mayorga previously asked for medical leave earlier that month as a result of his diabetic peripheral neuropathy, which was allegedly causing him to have problems standing on his feet and performing his custodial duties. While he was out, Mayorga requested, and was granted, medical leave under the California Family Rights Act. He obtained a note from his physician, and he was subsequently out for five weeks. While he was out on medical leave, Mayorga visited his brother in Nicaragua, which was where Mayorga originated. However, two weeks into his medical leave, the school district allegedly contacted Mayorga to ask about the physician’s note, but Mayorga allegedly did not receive the messages. On June 30, 2017, Mayorga returned from his trip, and learned that he was "determined absent without leave" and was designated as "automatically resigned" as of June 26, 2017. Mayorga sued the Porterville Unified School District, alleging that the school district’s actions constituted interference and retaliation under the California Family Rights Act. Plaintiff’s counsel contended that Mayorga qualified for medical leave under the California Family Rights Act due to his serious health condition while he was working and that Mayorga appropriately took California Family Rights Act leave for the medical issue. However, counsel argued that Mayorga was subjected to an adverse employment action as a result of taking medical leave. The plaintiff’s human resources expert opined that there was no rush for the school district to engage with Mayorga while he was out and that the school district mishandled the medical note. Defense counsel argued that Mayorga automatically resigned when he failed to respond to the school district’s requests for him to return to work on June 26, 2017. Counsel contended that Mayorga was given the opportunity to redeem himself in a meeting on July 17, 2017, but the school district believed that Mayorga was not being honest and, therefore, accepted his automatic resignation. Defense counsel argued that since Mayorga took a trip shortly after he took off from work, the school district determined that Mayorga did not take sick leave, but, instead, took a vacation, which violated the collective bargaining agreement. In response, plaintiff’s counsel contended that the school district did not attempt to contact Mayorga until on or about June 26, 2017, when human resources claimed it first received the doctor’s note. Counsel further contended that, despite the school district’s contention as to when human resources received the doctor’s note, Mayorga provided the note on June 8, 2017, at the latest, and that the note was entered into the school district’s system on June 12, 2017., Mayorga was seriously injured in June 2017 and he had additional to both of his knees. He claimed that as result of his , he required medical care, but because he lost his job, he lost his access to medical care. Mayorga also claimed he tried to go back to work for another school district for a few weeks, but he was not able to continue because of his . As a result, Mayorga claimed that he disabled from the time of his termination to the present. The plaintiff’s doctor opined that because Mayorga did not receive immediate medical care, the chance of him returning to work as a custodian was unlikely. Mayorga sought recovery of economic damages for his past and future lost wages and benefits. He also sought recovery of non-economic damages for his past and future emotional pain and suffering as a result of his alleged mental anguish.