Judge: Colin Leis, Case: 24STCV04764, Date: 2024-12-20 Tentative Ruling

Case Number: 24STCV04764    Hearing Date: December 20, 2024    Dept: 74

Edwards et al. v. American Tax Service et al.

Defendants Tyler Bennett and Terrance Selb’s Demurrer.

            In this case arising from an employer’s allegedly wrongful termination of plaintiffs, the court sustains without leave to amend the unopposed demurrer by individual employee defendants Terrance J. Selb and Tyler Bennett (Defendants) to the causes of action for (1) Employment Discrimination (Race) – Hostile Environment; (2) Employment Discrimination (Race) – Disparate Treatment; (3) Employment Discrimination (Disability); (4) Employment Discrimination – Retaliation; (5) Failure to Engage in a Good Faith Interactive Process; and (7) Wrongful Termination.

The court overrules, however, Selb and Bennett’s demurrer to the sixth cause of action for “Employment Discrimination – Unlawful Harassment” because the complaint alleges that (1) Plaintiffs are members of a protected group; (2) Plaintiffs were subjected to harassment; (3) the harassment was based on Plaintiffs’ protected status; (4) the harassment created a hostile and toxic work environment; and (5) the employer is liable.  (Complaint ¶ 10, 12, 16, 21, 75-81.)  Specifically, Plaintiffs allege that “Protected Employees… were subject to rude, cruel, untrue, harsh, discriminatory, stereotypical, negative and derogatory comments…” and Defendants made “inappropriate and unprofessional comments about Protected Employees in the workplace and to and about Plaintiff.”  (Complaint ¶ 12(h), (o).)  Additionally, Plaintiffs allege that Defendants made “false, slanderous statements about complaints (including, without limitation, Plaintiff) in their professional and personal lives.”  (Complaint ¶ 18(h), (i).)