Judge: Glenn R. Salter, Case: 20-1176700, Date: 2022-10-06 Tentative Ruling

Demurrer

The demurrer of the named defendants to the Third Amended Complaint is SUSTAINED as to the First, Second, Ninth, and Thirteenth Causes of Action with 20 days leave to amend.  As to the First and Second Causes of Action, the contract specifically provides that the compensation may be changed at any time at the dealership’s sole discretion.  As to the Ninth Cause of Action, the acts alleged of a change in pay do not rise to the level of constructive termination.  As to the Thirteenth Cause of Action, the facts alleged do not rise to the level of outrageous and while this is normally a question of fact, it may be decided as a matter of law where, as here, the facts do not state a cause of action.  (See Cochran v. Cochran (1998) 65 Cal.App.4th 488, 494.)

The demurrer is SUSTAINED without leave to amend as to the Third and Fourteenth Causes of Action.  The Third Causes of Action is a recast of the First and Second Causes of Action but alleges instead a breach of the covenant of good faith and fair dealing.  (See Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317, 352 [a breach of the covenant of good faith is superfluous when there are actions for breach of contract].)  The Fourteenth Cause of Action does not allege an unfair business practice as that term is defined in Business and Professions Code section 17200; this is a private employment dispute.

The demurrer is OVERRULED as to the Fourth, Fifth, Sixth, Seventh, Eighth, Tenth, Eleventh, and Twelfth Causes of Action.  The court finds that the current iteration adequately pleads the names of the plaintiff’s employers.  It also adequately pleads alter ego allegations.

Motion to Strike

The defendants’ motion to strike is DENIED as MOOT.

Notice

The defendants shall give notice.