Judge: Melvin D. Sandvig, Case: 23CHCV01435, Date: 2023-10-17 Tentative Ruling
Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F47, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2247. Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).
Case Number: 23CHCV01435 Hearing Date: November 3, 2023 Dept: F47
Dept. F47
Date: 11/3/23
Case #23CHCV01435
DEMURRER TO THE
FIRST AMENDED COMPLAINT
Demurrer filed on 9/20/23.
MOVING PARTY: Defendants Randy
Chung, Julie Hall Panameno, Leanne Hannah, David Palmer, Jeri-Lynn Reid and
Shiwonda Wynn
RESPONDING PARTY: Plaintiff Geraldine Parker
NOTICE: ok
Demurrer is to the entire First Amended Complaint:
1. Violation of
Title VII of the Civil Rights Act of 1964
2.
Wrongful Termination of Employment in Violation of Public Policy
3.
Violation of Labor Code 1102.5
4.
Retaliation in Violation of FEHA
5.
Violation of Labor Code 232.5
6.
Government Code Section 911.2
7.
Government Code Section 945.6
8.
Intentional Infliction of Emotional Distress
9.
Negligent Hiring, Supervision and Retention
10. Failure to Take All Reasonable
Steps Necessary to Prevent Discrimination, Retaliation, and Harassment in
Violation of FEHA
11. Negligence/Negligent Infliction
of Emotional Distress
RULING: The demurrer is placed off calendar.
SUMMARY OF FACTS & PROCEDURAL HISTORY
This action arises out of Plaintiff Geraldine Parker’s
(Plaintiff) claim that she was retaliated against and wrongfully terminated
from her employment as a Library Aide with Defendant Los Angeles Unified School
District (the District) due to her sincerely held religious beliefs which she
claims exempted her from the requirement to receive the Covid-19 vaccine. (See First Amended Complaint (FAC)
p.2:5-14, ¶¶1, 16-52). Plaintiff also
alleges that during her employment she “suffered racial discrimination from
some of the teachers” and was retaliated against for reporting the
discrimination. (FAC ¶¶15, 100).
On 5/17/23, Plaintiff, representing herself, filed this
action against the District and several of its employees. On 6/7/23, Plaintiff filed her operative
First Amended Complaint against the District and several of its employees for:
(1) Violation of Title VII of the Civil Rights Act of 1964;
(2) Wrongful Termination of Employment in Violation of
Public Policy; (3) Violation of Labor Code 1102.5; (4) Retaliation in Violation
of FEHA; (5) Violation of Labor Code
232.5;
(6) Government Code Section 911.2; (7) Government Code
Section 945.6; (8) Intentional Infliction of Emotional Distress; (9) Negligent
Hiring, Supervision and Retention; (10) Failure to Take All Reasonable Steps
Necessary to Prevent Discrimination, Retaliation, and Harassment in Violation
of FEHA and (11) Negligence/Negligent Infliction of Emotional Distress.
On 8/9/23, the District and its certain of its employees,
Alberto Carvalho, Adam Grable and Kristen Kaiser Murphy (Individual Defendants
and collectively with the District, Defendants) filed and served a demurrer to
the entire First Amended Complaint and a motion to strike seeking an order
striking Plaintiff’s representation that she is an attorney made on page 1 line
3 of the First Amended Complaint. On
10/17/23, the Court sustained the demurrer with leave to amend, in part, and
without leave to amend, in part, and granted the motion to strike without leave
to amend. (See 10/17/23 Minute
Order).
On 9/20/23, Defendants Randy Chung, Julie Hall Panameno,
Leanne Hannah, David Palmer, Jer-Lynn Reid and Shiwonda Wynn (Defendants) filed
the instant demurrer to the entire First Amended Complaint. On 10/23/23, Plaintiff filed and served an
opposition to the demurrer. Also, on
10/23/23, Plaintiff filed and served a Request for Dismissal of the First
Amended Complaint as to Defendants David Palmer, Jer-Lynn Reid, Julie
Hall-Panameno, Leanne Hannah, Randy Chung, Shiwonda Wynn, Megan K. Reilly and
Jeanie Raphelt. On 10/25/23, the
Defendants filed a reply to the opposition with a notation that it was filed
“in an abundance of caution” because the Request for Dismissal had not yet been
entered. (See Reply, p.2 fn.1).
ANALYSIS
The dismissal of the demurring Defendants from the First
Amended Complaint on 10/23/23 renders the instant demurrer moot.
CONCLUSION
The demurrer is placed off calendar as moot.