Judge: Michael Small, Case: 23STCV08202, Date: 2023-08-22 Tentative Ruling
Case Number: 23STCV08202 Hearing Date: August 22, 2023 Dept: 57
The demurrer of Defendant Dr. Charles Vasile, M.D., is sustained with leave to amend as to the first cause of action in Plaintiff's complaint, which alleges sexual harassment. The first cause of action is predicated on the notion that the sexual harassment of Plaintiff by Dr. Vasile was severe and pervasive. In the Court's view, the allegations are insufficient to support that claim. Specifically, the allegations do not establish that the sexual harassment occurred consistently during Plaintiff's short tenure in which she worked for Dr. Vasile or whether it occurred just at the outset of her employment.
Both Dr. Vasile and co-defendant Vasile Properties Airport Plaza LLC ("Vasile Properties") have demurred to the ninth cause of action in Plaintiff's complaint, which is for intentional infliction of emotional distress Their demurrers to that cause of action are sustained with leave to amend. The complaint contains insufficient allegations of conduct that is so outrageous that it would support a claim for intentional infliction of emotional distress. In essence, the defects as to the first cause of action are the cause of the defects as to the ninth cause of action.
The demurrers of Dr. Vasile and Vasile Properties are overruled in all other respects.
The motions to strike Dr. Vasile and Vasile Properties are denied without prejudice on the ground that the Court's ruling sustaining the demurrers with leave to amend as to the first and ninth causes of action renders the motions to strike moot. Plaintiff is being afforded an opportunity to amend her complaint in light of the ruling on the demurrers. Defendants can file new motions to strike targeting the amended complaint, or they can renew their motions to strike as to the initial complaint if an amended complaint is not filed.
Plaintiff has 21 days from today's hearing to file and serve an amended complaint.