Judge: Holly J. Fujie, Case: 22STCV08433, Date: 2023-03-23 Tentative Ruling

Case Number: 22STCV08433    Hearing Date: March 23, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Defendants Toyea Sims and Kim Pickett (collectively, “Moving Defendants”)

The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure section 1005, subdivision (b).

BACKGROUND

This action arises out of an employment relationship.  The currently operative first amended complaint (the “FAC”) alleges seven causes of action for discrimination that Plaintiff was subjected to during her employment. 

Moving Defendants filed a demurrer (the “Demurrer”) to the second of action for harassment.

As it is unopposed, the Court SUSTAINS the Demurrer with 20 days leave to amend.  If Plaintiff files an amended pleading that is successfully challenged by a demurrer, the Court will consider denying Plaintiff further leave to amend.  (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

Moving party is ordered to give notice of this ruling.

In consideration of the current COVID-19 pandemic situation, the Court strongly encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative. If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to SMC_DEPT56@lacourt.org stating your intention to appear in person. The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date. This rule is necessary to ensure that adequate precautions can be taken for proper social distancing.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

              Dated this 23rd day of March 2023