Judge: Kenneth J. Medel, Case: 37-2023-00033205-CU-WT-CTL, Date: 2024-03-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 21, 2024

03/22/2024  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  Wrongful Termination Demurrer / Motion to Strike 37-2023-00033205-CU-WT-CTL CHAVEZ VS SVDP MANAGEMENT INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 10/17/2023

Defendant's Demurrer to the Sixth and Seventh Causes of Action for Negligent Hiring, Retention, and Supervising and Intentional Infliction of Emotional Distress is OVERRULED. Sufficient facts are plead to support the causes of action.

The FAC alleges that Defendant negligently and carelessly hired, trained, supervised, and retained certain named employees - Sergio Livingston, Cynthia Avelar, John Stockman, Michael Milligan, Ray Freeman, and Patricia Urbina. (FAC¶ 108). Plaintiff asserts that Defendant 'knew or should have known' that these employees had a propensity to harass and discriminate against their subordinates because of their physical disabilities but failed to investigate the alleged complaints concerning disability discrimination and retaliation made against these employees. The pleading is sufficient. There are sufficient allegations that plaintiff reported conduct to Human Resources and nothing was done. From these facts, the conclusion of knowledge regarding the fitness of the managerial employees can be inferred.

With respect to IIED, the FAC sufficiently alleges a basis for 'outrageous' conduct.

The Motion to Strike Punitive Damages is DENIED. For purposes of pleading, the allegations are sufficient to support 'malice' or 'oppression.' Calendar No.: Event ID:  TENTATIVE RULINGS

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