Judge: Thomas D. Long, Case: 24STCV03965, Date: 2025-02-27 Tentative Ruling

Case Number: 24STCV03965    Hearing Date: February 27, 2025    Dept: 48

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

RONALEE HARLAN,

                        Plaintiff,

            vs.

 

BRIDGE FOR SENIORS, et al.,

 

                        Defendants.

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      CASE NO.: 24STCV03965

 

[TENTATIVE] ORDER OVERRULING DEMURRER TO FIRST AMENDED COMPLAINT

 

Dept. 48

8:30 a.m.

February 27, 2025

 

On June 13, 2024, Plaintiff Ronalee Harlan filed a first amended complaint (“FAC”) against Defendant AM3 Corporation and others.  The FAC alleges (1) sexual battery, (2) gender violence, (3) sexual harassment, (4) negligent supervision and retention, (5) wrongful termination in violation of public policy, and (6) intentional infliction of emotional distress.

On August 12, 2024, Defendant AM3 Corporation filed a demurrer to the second, third, and fifth causes of action.

A demurrer for sufficiency tests whether the complaint states a cause of action.  (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.)  When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true.  (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.)

Defendant argues that Plaintiff failed to allege that she exhausted her administrative remedies because she does not allege that a right-to-sue letter was issued.  (Demurrer at pp. 4-5; see also Gov. Code, §§ 12960, 12965, subd. (b).)

The FAC alleges, “Within the time provided by law, Plaintiff filed charges with the California Civil Rights Department and has exhausted her administrative remedies.”  (FAC ¶ 16.)  On demurrer, the Court must “treat as true not only the complaint’s material factual allegations, but also facts that may be implied or inferred from those expressly alleged.”  (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1111-1112.)  Here, it is reasonably implied that “exhausted her administrative remedies” includes all steps of exhaustion, including the receipt of a right-to-sue letter.

The demurrer is OVERRULED.

Defendant AM3 Corporation is ordered to file an answer within 10 days.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

 

         Dated this 27th day of February 2025

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court