Judge: Stephen I. Goorvitch, Case: 22STCV21819, Date: 2022-10-13 Tentative Ruling

Case Number: 22STCV21819    Hearing Date: October 13, 2022    Dept: 39

Beverly Watson v. Crystal Stairs, Inc., et al.

Case No. 22STCV21819

Demurrer

            Plaintiff Beverly Watson (“Plaintiff”) filed this employment case against her employer, Crystal Stairs, Inc. (“Crystal Stairs” or “Defendant”) and a series of individual employees.  Now, Defendant demurs to the sixteenth cause of action: Intentional Infliction of Emotional Distress (“IIED”).  Workers’ compensation provides the exclusive remedy for emotional distress caused by an employer’s conduct in employment actions when the misconduct attributed to the employer are a normal part of the employment relationship.  (See Cole v. Fair Oaks Fire Prot. Dist. (1987) 43 Cal.3d 148, 160.) 

The main issue presented is whether an employee may maintain a civil action in the courts for intentional infliction of emotional distress against his employer and fellow employee when the conduct complained of has caused total, permanent, mental and physical disability compensable under workers’ compensation law. We conclude that when the employee's claim is based on conduct normally occurring in the workplace, it is within the exclusive jurisdiction of the Workers’ Compensation Appeals Board.

(Ibid.)  This includes emotional distress caused by the employer’s conduct involving termination, promotions, demotions, criticism of work practices and negotiations as to grievances.  (Ibid.)  “[This type of conduct is] a normal part of the employment relationship . . . [e]ven if such conduct may be characterized as intentional, unfair or outrageous, it is nevertheless covered by the workers’ compensation exclusivity provisions.”  (Miklosy v. Regents of University of California (2008) 44 Cal.4th 876, 902.)

            Most of Plaintiff’s allegations arise from the employment relationship, i.e., the feedback/discipline she received.  The remaining allegations do not satisfy the standard for an IIED claim.  Therefore, Defendant’s demurrer to the sixteenth cause of action is sustained. 

CONCLUSION AND ORDER

            Based upon the foregoing, the Court orders as follows:

            1.         The Court sustains the demurrer.

            2.         The Court shall afford leave to amend.  Because there are three other demurrers, the Court authorizes Plaintiff to wait to file an amended complaint until thirty (30) days after the Court decides the final demurrer.    

            3.         Defendant’s counsel shall provide notice and file proof of such with the Court.