Judge: Stephen P. Pfahler, Case: 24STCV08007, Date: 2025-04-21 Tentative Ruling

Case Number: 24STCV08007    Hearing Date: April 21, 2025    Dept: 68

Dept. 68

Date: 4-21-25

Case: 24STCV08007

Trial Date: Not Set

DEMURRER

MOVING PARTY: Defendant, Nu-Botanics Candle Corp.

RESPONDING PARTY: Unopposed/Plaintiff, Byron Triana

RELIEF REQUESTED:

Demurrer to the Complaint

·         1^st Cause of Action: Hostile Work Environment Harassment- Disability

·         2^nd Cause of Action:  Disability Discrimination in Violation of California Government Code § 12940(a)

·         3^rd Cause of Action:  Retaliation in Violation of the FEHA

·         4^th Cause of Action: Failure to Prevent Discrimination, Retaliation and Harassment in Violation of the FEHA

·         5^th Cause of Action: Failure to Accommodate Disability in Violation of California Government Code § 12940(m)

·         6^th Cause of Action: Failure to Engage in the Interactive Process in Violation of California Government Code § 12940(n)

·         7^th Cause of Action: Unsafe Workplace in Violation of Cal. Labor Code § 6300 et. seq.

·         8^th Cause of Action: Wrongful Termination in Violation of Public

SUMMARY OF ACTION:

On March 29, 2024, Plaintiff filed a complaint for 1. Hostile Work Environment Harassment- Disability; 2. Disability Discrimination in Violation of California Government Code § 12940(a); 3. Retaliation in Violation of the FEHA; 4. Failure to Prevent Discrimination, Retaliation and Harassment in Violation of the FEHA; 5. Failure to Accommodate Disability in Violation of California Government Code § 12940(m); 6. Failure to Engage in the Interactive Process in Violation of California Government Code § 12940(n); 7. Unsafe Workplace in Violation of Cal. Labor Code § 6300 et. seq.; 8. Wrongful Termination in Violation of Public.

RULING: Sustained with Leave to Amend.

Defendant Nu-Botanics Candle Corp. submits a demurrer to the entire complaint on grounds of insufficient facts. The court electronic filing system shows no opposition or reply on file at the time of the tentative ruling publication cutoff. The court will not consider any late filed opposition, even if presented before the hearing.

The court finds the unchallenged demurrer meritorious and sustains the demurrer with 30 days leave to amend. Plaintiff may not add any new causes of action, and may only amend the existing claims within the scope of the prior pleading. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Any such actions will be subject to a motion to strike.

“In response to a demurrer and prior to the case being at issue, a complaint or cross-complaint shall not be amended more than three times, absent an offer to the trial court as to such additional facts to be pleaded that there is a reasonable possibility the defect can be cured to state a cause of action. The three-amendment limit shall not include an amendment made without leave of the court pursuant to Section 472, provided the amendment is made before a demurrer to the original complaint or cross-complaint is filed.” (Code Civ. Proc., § 430.41, subd. (e)(1), see Code Civ. Proc., § 435.5, subd. (e)(1).) This is the first review of the operative complaint.

The court will concurrently conduct the Case Management Conference and two OSCs.

Defendant to give notice.