Judge: James A. Mangione, Case: 37-2023-00032430-CU-WT-CTL, Date: 2024-01-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - January 12, 2024

01/12/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Wrongful Termination Demurrer / Motion to Strike 37-2023-00032430-CU-WT-CTL PEREZ VS BITCHIN SAUCE LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant's Demurrer is sustained with leave to amend.

Plaintiff's Complaint raises six causes of action based on wrongful termination and FEHA violations related to Plaintiff's alleged disability. However, the Complaint contains virtually no facts as to the extent/duration of the alleged disability (listing tendonitis as an 'example'), the accommodations requested/received or Plaintiff's job requirements. Indeed, the only factual allegations contained in the complaint are that Plaintiff worked in some capacity for Defendant for approximately three months before being terminated, that she suffered tendonitis (and potentially other unspecified disabilities) to some extent and severity, and that Defendant accommodated her in some unknown capacity, presumably following some unarticulated event or discussion, for approximately one month. These barebones claims fail to state any cause of action for wrongful termination or violation of FEHA because they fail to allege sufficient facts to establish that Plaintiff suffered from a disability protected under FEHA.

Defendant's Motion to Strike is ordered off-calendar as moot.

The amended complaint is due within fourteen (14) days.

The minute order is the order of the Court.

Calendar No.: Event ID:  TENTATIVE RULINGS

3018262  11