Judge: James A. Mangione, Case: 37-2023-00034168-CU-OE-CTL, Date: 2024-04-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 25, 2024

04/26/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Other employment Demurrer / Motion to Strike 37-2023-00034168-CU-OE-CTL BROMLEY VS CITY OF SAN DIEGO [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant City of San Diego's Demurrer is sustained with leave to amend.

Claims for discrimination under FEHA are analyzed under the McDonnell-Douglas test. (Jones v. Department of Corrections & Rehabilitation (2007) 152 Cal.App.4th 1367, 1379.) 'The specific elements of a prima facie case [of discrimination] may vary depending on the particular facts. [Citations.] Generally, the plaintiff must provide evidence that (1) he was a member of a protected class, (2) he was qualified for the position he sought or was performing competently in the position he held, (3) he suffered an adverse employment action, such as termination, demotion, or denial of an available job, and (4) some other circumstance suggests discriminatory motive.' (Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 355.) Here, the complaint contains nothing more than conclusory allegations that Plaintiff believes he was discriminated against because of his race, ancestry and age. There are no factual allegations as to any conduct committed by Defendant to suggest a discriminatory motive. While Plaintiff correctly notes that only ultimate facts need to be alleged at this stage, the complaint must still contain facts. The only facts currently alleged are that Defendant is 61 years old, is of Navajo ancestry, currently works as an Equipment Technician II and has not been promoted to Equipment Technician III. This is not sufficient to support a cause of action for discrimination. Furthermore, because a failure to prevent harassment claim is derivative of the harassment claim, it also fails.

Plaintiff has fourteen (14) days to file an amended complaint.

The minute order is the order of the Court.

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