Judge: Robert P. Dahlquist, Case: 37-2023-00028829-CU-WT-NC, Date: 2023-12-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - December 07, 2023

12/08/2023  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  Wrongful Termination Demurrer / Motion to Strike 37-2023-00028829-CU-WT-NC CAGLE VS STEARNS [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 09/12/2023

Defendants Tel Tech Plus, Inc. (TTI), Gregory Alan Stearns, Cindy Stearns and Will Pacheco's demurrer (ROA # 17) is sustained in part and overruled in part.

On July 10, 2023, plaintiff Marquis Cagle filed a complaint asserting seventeen causes of action arising from his employment with defendant Tel Tech Plus, Inc. from July 2017 until September 2020. ROA # 1.

Defendants Cindy Stearns and Gregory Alan Stearns demur to the first cause of action (failure to pay wages). Defendant Will Pacheco demurs to the thirteenth (battery), fourteenth (sexual battery) and fifteenth (assault) causes of action. Defendant Tel Tech, Inc. demurs to the fifth cause of action (sex/gender discrimination). ROA # 17. Plaintiff opposes the demurrer. ROA # 21.

Plaintiff does not oppose the challenges to the first, thirteenth and fifteenth causes of action. (ROA # 21, at page 1, fn. 1) Therefore, the demurrer is sustained as to those causes of action.

The court overrules defendant TTI's demurrer to the fifth cause of action for sex/gender discrimination.

The court finds that plaintiff has adequately alleged facts constituting the elements of this cause of action.

Similarly, the demurrer to the fourteenth cause of action for sexual battery is overruled. Plaintiff has set forth sufficient facts constituting a claim for sexual battery against defendant Pacheco. See CCP §1708.5; see also Complaint, ¶¶ 30 and 37.

As the case progresses, defendants may continue to assert the arguments and defenses presented by the demurrer as to the fifth and fourteenth causes of action.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Friday, December 8, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of December 8, 2023. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

This minute order constitutes the court's order. No party is required to submit a proposed order after hearing.

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