Judge Nathan R. Scott, Case Rizvi v. Rancho Santiago Community College District 2022-11-18 Tentative Ruling

Judge: Nathan R. Scott, Case: Rizvi v. Rancho Santiago Community College District, Date: 2022-11-18 Tentative Ruling

Case Management Conference

The CMC is continued to 1/12/23 at 2 pm.

Demurrer

Defendant Rancho Santiago Community College District’s demurrer is sustained without leave as to the 6th cause of action but otherwise overruled. (See Code Civ. Proc. § 430.10(e).)

Defendant shall file and serve its answer within 10 days.

1^st-2^nd causes of action, discrimination based on race/religion. The FAC states facts sufficient to constitute these causes of action. (See Guz v. Bechtel National (2000) 24 Cal.4th 317, 355 [elements]; FAC ¶¶ 10, 12-16, 17, 20, 22-46, 51, 53-58, 69, 71-77, and 88.)

3^rd cause of action, failure to prevent. The FAC states facts sufficient to constitute this cause of action. (See Gov. Code § 12940(k), CACI No. 2527 [elements]; FAC ¶¶ 11, 12-16, 17, 20, 22-46, 51, 53-58, 69, 71-77, 119 & 120.)

4th cause of action, hostile work environment. The FAC states facts sufficient to constitute this cause of action. (See Aguilar v. Avis Rent A Car System, Inc. (1999) 21 Cal.4th 121, 130 [elements]; Muller v. Automobile Club of Southern California (1998) 61 Cal.App.4th 431, 446 [harassment must be “sufficiently severe or pervasive to alter the conditions of his employment and to create an abusive working environment”]; see also FAC ¶¶ 10, 37-39, 42-45, 49-50, 52, 62-63, 68.)

6^th cause of action, retaliation. The FAC fails to state facts sufficient to constitute this cause of action against a public entity defendant, as plaintiff concedes. (See Opp. at p. 10:1-2.)

The court declined to consider the opposition declaration. (See Ion Equipment Corp v. Nelson (1980) 110 Cal.App.3d 868, 881.)

Defendant shall give notice.