Judge: Michael Small, Case: 24STCV11331, Date: 2024-12-02 Tentative Ruling

Inform the clerk if you submit on the tentative ruling. If moving and opposing parties submit, no appearance is necessary.

Case Number: 24STCV11331    Hearing Date: December 2, 2024    Dept: 57

DEMURRER

The Court's tentative rulings on Defendant's demurrer to five of the causes of action in the Plaintiff's First Amended Complaint ("FAC") are as follows.  (The Court will elaborate on the reasoning behind the rulings at the hearing.)

 Second Cause of Action -- Failure to Accommodate 

The demurrer is sustained with leave to amend.   To state a cause of action against an employer for failure to accommodate in violation of FEHA, a complaint must allege that the employee had a disability that the employer did not reasonably accommodate.  Here, the FAC alleges that the Plaintiff became pregnant for a second time during her tenure as an employee of the Defendant and that the Defendant failed to accommodate her pregnancy when the Defendant fired her.  The FAC does not allege, however, that Plaintiff suffered a disability that Defendant failed to accommodate.   Pregnancy is not a disability for purposes of  a cause of action for failure to accommodate. 

 Third Cause of Action  -- Failure to Engage in Interactive Process

The demurrer is sustained with leave to amend.  This cause of action requires allegations that the employee had a disability about which the employee sought to engage the employer regarding accommodations. Here too, the FAC fails to allege that Plaintiff had a disability, separate and apart from pregnancy, that was the subject of her attempts to engage Defendant in an interactive process.

Fourth Cause of Action -- Retaliation 

The demurrer is overruled.  The FAC contains sufficient allegations that Defendant terminated the Plaintiff in retaliation for the Plaintiff's exercise of her right to take leave in connection with her first pregnancy and announcement of her intent to take a leave in connection with her second pregnancy -- an announcement that occurred not long before she was terminated.  

 Sixth Cause of Action -- Retaliation for Taking Pregnancy Leave 

The demurrer is overruled.  The FAC contains sufficient allegations that Defendant terminated the Plaintiff in retaliation for the Plaintiff's exercise of her right to take leave in connection with her first pregnancy.

 Seventh Cause of Action -- Interference with Use of Pregnancy Leave

The demurrer is overruled.  The FAC contains sufficient allegations that Defendant interfered with Plaintiff's intended use of leave in connection with her second pregnancy.  This interference occurred when Defendant terminated Plaintiff shortly after she made that intention known to the Defendant.

MOTION TO STRIKE

The motion to strike the prayer for punitive damages in the FAC is denied.  The FAC contains sufficient allegations that Defendant, through its managing agents, acted maliciously in terminating her under false pretenses.