The following excerpt is from Sutton v. DeRosia, CASE NO. 1:11-cv-01426-LJO-JLT (E.D. Cal. 2012):
9. The fact plaintiff mislabels her claim is of no import. See Liu v. Amway Corp., 347 F.3d 1125, 1134 n.8 (9th Cir. 2003) (stating that defendant mistakenly claimed that plaintiff failed to raise an "interference" claim when plaintiff merely misidentified her interference claim as a "retaliation" and "discrimination" claim).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.