Judge: Jon R. Takasugi, Case: 24STCV33597, Date: 2025-05-30 Tentative Ruling

Case Number: 24STCV33597    Hearing Date: May 30, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Defendants’ demurrer to the second and fourth causes of action is OVERRULED. Defendants’ motion to strike is DENIED.

            On 12/19/2024, Plaintiff Tiffany Glsuki (Plaintiff) filed suit against Outfront Media LLC, Bryan Canley, and Djuna Duronslet, alleging: (1) sex/gender discrimination; (2) sex/gender harassment; (3) race discrimination; (4) race harassment; (5) retaliation; (6) failure to prevent; (7) retaliation; and (8) violation of Equal Pay Act.

            On 3/20/2025, Defendants demurred to Plaintiffs’ second and fourth causes of action. Defendants also moved to strike portions of Plaintiffs’ Complaint.

Discussion

            Defendants argue that Plaintiffs’ claims are insufficiently pled.

            After review, the Court disagrees.

            To state a prima facie case of harassment, an employee must allege facts which show that (1) they are a member of a protected class; (2) they were subjected to unwelcome harassment; (3) the harassment was based on their protected status; (4) the harassment unreasonably interfered with their work performance by creating an intimidating, hostile, or offensive work environment; and (5) defendants are liable for the harassment. (Gov. Code § 12940(j)(1); Thompson v. City of Monrovia (2010) 186 Cal. App. 4th 860, 876.) 

            Here, as for her sex/gender harassment claim, Plaintiff alleges that “Defendant Canley and Defendant Duronslet harassed Plaintiff through actions such as belittling her, speaking to her in patronizing and demeaning tones, subjecting her to inappropriate comments, personal humiliation, overly critical remarks, ostracizing behaviors, intimidation tactics, assigning tasks to undermine her role, refusing to take her reports seriously, making degrading and stereotypical comments about Asian Americans and women, demoting her into a position designed to fail, and ultimately discharging her.” (Complaint ¶ 152.) In support, Plaintiffs allege that Defendants made comments based on stereotypes about Asian-American women, such as that they are docile and unable to work well within corporate executive culture.

            The Court disagrees that these allegations are insufficiently specific. Moreover, whether or not these allegations are severe and pervasive enough to show harassment separate and apart from discrimination is a factual determination not properly decided at this stage.

            As for Plaintiff’s claim for race harassment, Plaintiff alleges a variety of comments about Asian-Americans, including the use of racist terms (Complaint  ¶ 96). At the pleadings stage, this is sufficient to state a claim for harassment.

            Based on the foregoing, Defendants’ demurrer is overruled.

Motion to Strike

            Defendants argue that Plaintiff hasn’t alleged sufficient facts to state a prayer for punitive damages. As set forth above, the Court overruled Defendants’ demurrer to Plaintiff’s harassment causes of action and she has operative claims for discrimination and retaliation. As such, Plaintiff has alleged facts which could show conduct “…which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.” (Civ. Code § 3294(c)(1).)

It is so ordered.

Dated:  May    , 2025

   Hon. Jon R. Takasugi
   Judge of the Superior Court

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