Judge: Marcella O. Mclaughlin, Case: 37-2023-00022136-CU-OE-CTL, Date: 2023-11-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - November 02, 2023

11/03/2023  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Other employment Demurrer / Motion to Strike 37-2023-00022136-CU-OE-CTL WASHINGTON VS BEST WESTERN INTERNATIONAL INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 07/25/2023

The demurrer to the complaint is OVERRULED.

Plaintiff alleges that Best Western was her 'employer.' (See Complaint at ¶¶ 3, 24.) This ultimate fact – which the court must liberally construe and accept as true – is sufficient to show the existence of an employment relationship between plaintiff and Best Western. See Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 886 (allegation of 'agency' is an ultimate fact); see also 4 Witkin, Cal. Procedure (6th ed. 2023) Pleading, § 401 (allegations concerning 'employment' are sufficient). Whether plaintiff can produce at trial, or in response to a motion for summary judgment, evidence that will support her allegations remains to be determined. See Angelotti v. The Walt Disney Co. (2011) 192 Cal.App.4th 1394, 1404 ('The existence of an employment relationship is a question for the trier of fact[.]'); see also McCoy v. Pacific Maritime Assn. (2013) 216 Cal.App.4th 283, 301 ('An assessment of whether...an employment relationship exists requires a consideration of the totality of the circumstances.').

Best Western must file and serve an answer to the complaint by November 13, 2023.

Calendar No.: Event ID:  TENTATIVE RULINGS

3037894  49