Judge: Randall J. Sherman, Case: 2022-01261989, Date: 2022-12-02 Tentative Ruling

Defendant Newport Heart Medical Group, Inc.’s Demurrer to Plaintiff’s Complaint is overruled as to the Third Cause of Action for intentional infliction of emotional distress, and is sustained with 10 days’ leave to amend as to the First Cause of Action for wrongful termination in violation of public policy, Second Cause of Action for harassment and hostile work environment, Fifth Cause of Action for retaliation for harassment and/or discrimination complaint, Sixth Cause of Action for failure to prevent harassment and/or discrimination, Seventh Cause of Action for failure to engage in the interactive process, Eighth Cause of Action for failure to provide reasonable accommodation, and Tenth Cause of Action for retaliation.

In her Third Cause of Action for Intentional Infliction of Emotional Distress, plaintiff’s Complaint alleges facts that could lead a jury to find all the elements of that tort, including outrageous conduct by the defendant.  In plaintiff’s other challenged causes of action, however, the Complaint’s allegations are unclear as to what discrimination and what disability or perceived disability plaintiff is alleging, including what disability or perceived disability plaintiff is claiming was the basis of harassment and a hostile work environment, what protected activities plaintiff engaged in that purportedly led to her termination, what known physical or mental disability or known medical condition plaintiff had, what reasonable accommodation defendant failed to make for plaintiff’s known physical or mental disability, and what wrongful conduct plaintiff reported to a government or law enforcement agency, or other statutorily proscribed person under Labor Code §1102.5.

Defendant Newport Heart Medical Group, Inc.’s Motion to Strike Punitive Damages Portions of Plaintiff’s Complaint is granted in part with 10 days’ leave to amend and denied in part.  Plaintiff’s allegations in her Third Cause of Action for Intentional Infliction of Emotional Distress are sufficient to support a punitive damages claim.  Plaintiff’s allegations in some of her other causes of action have been considered insufficient to support the underlying claim, let alone the punitive damages claim.  As to the causes of action to which defendant did not demur, plaintiff also fails to adequately allege facts that would amount to fraud, malice or oppression within the meaning of Civil Code §3294.

A Case Management Conference is also set for today and will go forward.

Defendant is ordered to give notice of the ruling unless notice is waived.