Judge: Joel R Wohlfeil, Case: 37-2023-00052281-CU-PO-CTL, Date: 2024-04-05 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 02, 2024

04/05/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  PI/PD/WD - Other Demurrer / Motion to Strike 37-2023-00052281-CU-PO-CTL IBARRA VS KOUNLAVOUTH [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 03/05/2024

The general Demurrer (ROA # 15) of Defendant GARFIELD BEACH CVS LLC ('Defendant' or 'CVS') to the Complaint by Plaintiff ALESSANDRA IBARRA ('Plaintiff'), is OVERRULED.

Defendant is ordered to file and serve its Answer within twenty (20) days of this hearing.

The California's workers' compensation system is a comprehensive statutory scheme through which employees may receive prompt and generally exclusive compensation for costs related to injuries incurred in the course and scope of their employment. Kuciemba v. Victory Woodworks, Inc. (2023) 14 Cal. 5th 993, 1005 (citing Lab. Code 3200 et seq.).

'... [I]f the proximate cause is of industrial origin, the time and place of injury or death even if foreign to the premises does not serve to nullify recovery' under the workers' compensation scheme. McCarty v. Workmen's Comp. Appeals Bd. (1974) 12 Cal. 3d 677, 681.

If the risk is created within the scope of the employee's employment, the scope of employment must follow the risk so long as it acts proximately to cause injury. Childers v. Shasta Livestock Auction Yard, Inc. (1987) 190 Cal. App. 3d 792, 805.

Defendant argues Plaintiff was employed by CVS such that workers' compensation recovery bars her ability to recover damages against CVS in this action. However, the Complaint does not contain facts demonstrating Plaintiff was, in fact, employed by CVS and was acting within the course and scope of this employment. Although Defendant's argument appears to have potential merit, this remains an issue of fact that cannot be adjudicated via this Demurrer.

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