Judge: Christian R. Gullon, Case: 23PSCV00246, Date: 2023-08-29 Tentative Ruling

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Case Number: 23PSCV00246    Hearing Date: August 29, 2023    Dept: O

Tentative Ruling

DEFENDANT COSTCO WHOLESALE CORPORATION’S DEMURRER is MOOT because a first amended complaint (FAC) was filed.

Background

This is a workplace discrimination case. Plaintiff Vanessa Zambrano alleges, inter alia, that she endured continuous sexual harassment, abuse, and assault from her Costco managers and supervisors.

On January 27, 2023, Plaintiff filed suit against Defendants COSTCO WHOLESALE CORPORATION (“Costco” or “Defendant Costco”), XAVIER SOLIS (“Defendant Solis”), JOHN FONTAINE (“Defendant Fontaine”), and JOSHUA SNOOK (“Defendant Snook”).

On June 26, 2023, Costco filed a demurrer (to the Unruh Civil Rights Act COA, Sexual Harassment COA, and Gender Violence COA).

On August 14, 2023, Plaintiff filed a FAC asserting the following COAs:

Discussion

The demurrer is moot because it is directed at a pleading (original complaint) that was superseded by an amended pleading (FAC).

Conclusion

Based on the foregoing, the demurrer is moot.