Judge Lee W. Tsao, Case Number: 23NWCV03641, Date: 2024-09-11 Tentative Ruling

Judge: Lee W. Tsao, Case: 23NWCV03641, Date: 2024-09-11 Tentative Ruling

Case Number: 23NWCV03641 Hearing Date: September 11, 2024 Dept: C

MARIO RODRIGUEZ v. THE ONCOLOGY INSTITUTE CA, ET AL.

CASE NO.: 23NWCV03641

HEARING: 9/11/24 @ 9:30 A.M.

TENTATIVE ORDER

Defendants The Oncology Institute CA and The Oncology Institute of Hope and Innovation Patient Safety Organization, LLC’s demurrer and motion to strike are CONTINUED to November 13, 2024 at 10:30 a.m. in Dept. SE-C.

Moving Party to give NOTICE.

Background

This is an employment law action. Plaintiff alleges that he started working at the Oncology Institute on January 5, 2022, as a pharmacy technician. (FAC, ¶ 10.) In April 2022, he started working at the San Diego location. (FAC, ¶ 11.) Plaintiff’s supervisor, Kassi Etensohn, sent him messages saying, “let’s taco about it.” (FAC, ¶ 12.) He also threatened Plaintiff with physical assault if he reported his threats and the company fired her as a result, saying, “I know where to find you.” (FAC, ¶ 12.) Plaintiff reported these threats to his director. (FAC, ¶ 12.) He said that the company was being sexist and unfair to him because he was male and his harasser female. (FAC, ¶ 13.) Plaintiff alleges that Defendants retaliated against him by transferring him to a location far from his home. (FAC, ¶ 14.) He also spoke out against an illegal practice by his supervisor, Alicia Romero. (FAC, ¶ 15.) The Oncology Institute ultimately terminated him. (FAC, ¶ 16.)

On December 19, 2023, Plaintiff Mario Rodriguez filed a first amended complaint alleging the following:

1. FEHA Harassment

2. FEHA Discrimination

3. FEHA Retaliation

4. Failure to Prevent Discrimination, Harassment, or Retaliation

5. Wrongful Termination in Violation of Public Policy.

Defendants demur to the first amended complaint and move to strike portions of it.

Meet and Confer

The parties did not satisfy the meet-and-confer requirements. (Code. Civ. Proc., § 430.41; Code Civ. Proc., § 435.5, subd. (a).) No party filed a declaration stating that they met and conferred about the issues raised in the demurrer and motion to strike.

The Court CONTINUES the hearing to Wednesday, November 13, 2024, at 10:30 A.M. in Dept. SE-C. The parties are to submit a declaration regarding their meet and confer efforts at least 10 days before the hearing date.