Judge: Jon R. Takasugi, Case: 24STCV21417, Date: 2025-01-10 Tentative Ruling

Case Number: 24STCV21417    Hearing Date: January 10, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s demurrer is SUSTAINED as to Defendants’ affirmative defenses, WITH 10 DAYS LEAVE TO AMEND.

            On 8/22/2024, Plaintiff Teresita Perez (Plaintiff) filed suit against Vetcor Management Company LLC dba Pasadena Pets Veterinary Hospital, Jennifer Lopez, and Stansilav Avezov (collectively, Defendants), alleging: (1) disability discrimination; (2) failure to provide reasonable accommodation; (3) failure to engage in the interactive process; (4) retaliation; (5) failure to prevent; (6) whistleblower retaliation (Labor Code section 1102.5,6); (7) whistleblower retaliation (Labor Code section 232.5); (8) wrongful termination; and (9) negligent hiring, supervision, and or retention.

            On 11/6/2024, Plaintiff demurred to Defendants’ twenty-two affirmative defenses.

Discussion

            Plaintiff argues that all of Defendants’ affirmative defenses are insufficiently pled as they fail to give Plaintiff “fair notice” of Defendants’ defenses.

            After review, the Court agrees.

In pleading affirmative defenses, Defendants are under the same burden as Plaintiff in pleading her Complaint. (2 Cal. Judges Benchbook Civ. Proc. Before Trial § 12.27) (advising that a “determination of whether an answer states a defense is governed by the same principles that apply in determining if a complaint states a cause of action”) (citing South Shore Land Co. v. Petersen (1964) 226 Cal. App. 2d 725, 732)

Here, none of Defendants’ affirmative defenses contain any supporting allegations of fact. As such, they are insufficiently pled, and are insufficient to provide notice of the grounds for their defenses.

Based on the foregoing, Plaintiff’s demurrer is sustained, with 10 days leave to amend.

It is so ordered.

Dated:  January    , 2025

   Hon. Jon R. Takasugi
   Judge of the Superior Court

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