Judge: Mark H. Epstein, Case: 24SMCV03497, Date: 2024-12-02 Tentative Ruling

Case Number: 24SMCV03497    Hearing Date: December 2, 2024    Dept: I

The unopposed demurrer is SUSTAINED WITHOUT LEAVE TO AMEND.  Plaintiff is suing her employer.  While there are issues with the complaint, they are not the engine driving the demurrer.  The major issue defendant raises is that this matter was already brought in case 22STCV29656.  That case was dismissed as a sanction against plaintiff.  Plaintiff sought reconsideration but it was denied.  Her appeal was dismissed as untimely.  Therefore, the trial court’s order in that case is final.  A dismissal as a sanction operates as an adjudication on the merits.  (Kahn v. Kahn (1977) 68 Cal.App.3d 372.)  (The court notes that it is a little bit less sanguine about applying collateral estoppel here, and Kahn did not really address that aspect of res judicata.  But claim preclusion is sufficient to sustain the demurrer.)  Accordingly, principles of res judicata and collateral estoppel come into play.  It seems that both bar plaintiff’s complaint in this court.  The court cannot fathom how plaintiff can plead around that problem, and that is likely why plaintiff did not oppose.  Given that the issue has already been adjudicated, there is nothing for this court to do.  Defendant will submit an order of dismissal within 30 days and the court will set an OSC re: Dismissal in about 60 days, no appearances necessary if the matter has been dismissed by that time.