A woman will have to shore up her lawsuit in which she says she was forced to resign from In-N-Out Burger’s Panorama City location because management scoffed when she complained about pervasive sexual harassment by two male co-workers who leered at her and made inappropriate remarks, a judge has ruled.
Plaintiff Abrianna Mata contends in her Los Angeles Superior Court lawsuit that a manager acknowledged that the pair were “weird,” but that nothing could be done because “they were the homies.” On Tuesday, Judge Bradley Phillips ruled that Mata needs to provide more facts to bolster all of her causes of action: discrimination, harassment, retaliation, failure to prevent discrimination, harassment and retaliation and wrongful termination.
The judge also said Mata needs to shore up her claim for punitive damages.
“Plaintiff fails to allege facts rather than mere conclusory assertions that In-N-Out acted with oppression, fraud or malice,” the judge wrote in addressing the punitive damages issue.
Regarding Mata’s claim that she was forced to quit, the judge said he was dubious based on what is in the complaint.
“Plaintiff has not alleged facts establishing that she was constructively discharged or that In-N-Out was informed of any discriminatory, harassing or retaliatory conduct,” the judge wrote. “The vague allegation that plaintiff complained to a manager that she was uncomfortable is insufficient, as it is unclear what plaintiff told the manager and whether plaintiff complained of the alleged conduct to put In-N-Out on notice.”
Phillips gave Mata 30 days to file an amended complaint. She originally sued on March 14.
According to her suit, Mata was hired at the Panorama City store in March 2023 and almost immediately was subjected to sexual harassment by the two male colleagues. One texted her one morning at 3 a.m. saying “`heeyyy” and often told her that she “smelled good” while the other co-worker began calling her “sweetness,” the suit states.
In March 2024, Mata complained about the two alleged harassers to a manager who acknowledged the pair were “weird,” but said nothing would be done because “they were the homies,” the suit states.
Mata was forced to resign in frustration on Christmas Eve 2024, according to the suit.