Judge: Carolyn M. Caietti, Case: 37-2023-00010403-CU-OE-CTL, Date: 2023-12-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 30, 2023

12/01/2023  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Other employment Demurrer / Motion to Strike 37-2023-00010403-CU-OE-CTL CAMIRO VS FEDERAL HEATH SIGN COMPANY LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Federal Heath Sign Company, LLC's Demurrer Against Plaintiff's Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

Defendant's request for judicial notice of the parties' Separation Agreement and General Release of All Claims (agreement) is granted and notice will be taken to the extent permitted. (Evid. Code, § 452(h); Performance Plastering v. Richmond American Homes of California, Inc. (2007) 153 Cal.App.4th 659, 666, fn. 2 (taking judicial notice of settlement agreements for a demurrer, considering their contents even though they were outside the four corners of the complaint and concluding 'there is and can be no factual dispute concerning the contents of the agreements'); see also, Chacon v. Union Pacific Railroad (2020) 56 Cal.App.5th 565, 572 (ruling trial court permissibly took judicial notice of a settlement and release).) Plaintiff's objection to Defendant's request for judicial notice is overruled.

A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) No other extrinsic evidence can be considered (i.e., no 'speaking demurrers'). (Ion Equip. Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881.) The complaint must be liberally construed and given a reasonable interpretation, with a view to substantial justice between the parties. (Amarel v. Connell (1988) 202 Cal.App.3d 137, 140–141; see also, Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1111-12 [in ruling on demurrers, courts treat as being true 'not only the complaint's material factual allegations, but also facts that may be implied or inferred from those expressly alleged'].) Here, the demurrer to the entire complaint is sustained on the grounds it fails to state facts sufficient to constitute a cause of action because Plaintiff signed a severance agreement containing a release of all claims against Defendant. (C.C.P., § 430.10(e).) When the plain language of a settlement agreement bars the asserted claims, a trial court may sustain a demurrer on that ground. (Vaillette v. Fireman's Fund Ins. Co. (1993) 18 Cal.App.4th 680, 691.) The parties' agreement broadly releases Defendant 'from any and all claims.' Specifically, the release extends to all claims including, 'the California Private Attorneys General Act of 2004 ('PAGA') (to include but not limited to acting as a PAGA representative)...' (Agreement, p. 2; see also, Tarpy v. County of San Diego (2003) 110 Cal.App.4th 267, 276 (explaining a 'written release extinguishes any obligation covered by its terms, provided it has not been obtained by fraud, deception, misrepresentation, duress or undue influence).) Calendar No.: Event ID:  TENTATIVE RULINGS

2970350  40 CASE NUMBER: CASE TITLE:  CAMIRO VS FEDERAL HEATH SIGN COMPANY LLC [IMAGED]  37-2023-00010403-CU-OE-CTL Plaintiff does not argue the language is ambiguous or that the parties did not mutually intend to release any PAGA claim. Rather, Plaintiff argues any agreement or clause that waives the right to bring a representative qui tam PAGA action is unenforceable. But the case Plaintiff cites, namely Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 383, 388, concerns predispute waivers and not releases such as what is at issue here. (Iskanian, supra (holding a waiver of an employee's right to representative actions under PAGA violated public policy and 'specifically to a state law rule barring predispute waiver of an employee's right to bring an action') Releases of representative actions under PAGA are valid. (See, Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56.) Plaintiff does not take any issue with the validity of this PAGA release. Thus, Plaintiff's PAGA claim is barred by the release.

In order for a claim not to be covered by the settlement agreement, it would have to be based on alleged conduct that occurred after the settlement agreement. Plaintiff has not proffered any alleged facts concerning any post-agreement conduct. Thus, Plaintiff failed to carry his burden of demonstrating he could cure the defects through an amendment.

For these reasons, the demurrer to Plaintiff's Complaint, in its entirety, is SUSTAINED WITHOUT LEAVE TO AMEND. This ruling is dispositive of the matter.

Concluding Orders Defendant Federal Heath Sign Company, LLC is ordered to prepare and submit a judgment of dismissal in accordance with any applicable laws and rules.

The Case Management Conference on calendar for December 1, 2023, is vacated.

If the tentative ruling is confirmed without modification, the minute order will be the Court's final ruling.

Defendant is ordered to serve written notice of the Court's final ruling on all appearing parties by December 5, 2023.

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