Judge Yolanda Orozco, Case 21STCV29326 2022-08-08 Tentative Ruling

Judge: Yolanda Orozco, Case: 21STCV29326, Date: 2022-08-08 Tentative Ruling

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Case Number: 21STCV29326 Hearing Date: August 8, 2022 Dept: 31

DEMURRER TO CROSS-COMPLAINT IS CONTINUED

Background

This action arises out of the alleged fraudulent conduct of Guadalupe Morante, a former employee of LRS Realty & Management, Inc.

On August 9, 2021, LRS Realty & Management, Inc. (“Plaintiff”) initiated the present action against Guadalupe Morante, Humberto Morante, L&B General Contractors, Inc., and Fix It Right Construction. Plaintiff’s Complaint alleges the following causes of action: (1) Fraud; (2) Embezzlement; (3) Misappropriation of Trade Secrets (California Civil Code § 3426, et seq.); (4) Misappropriation of Trade Secrets; (5) Interference with Prospective Economic Advantage; (6) Intentional Interference with Contractual Relations; (7) Conversion; (8) Breach of Duty of Loyalty; (9) Violation of Business and Professions Code § 17200; (10) Injunctive Relief; (11) Loss Due to Dishonest or Willful Act of Employee (Labor Code, Section 2865; IWC Wage Order 4-2001, Section 8); (12) Violation of the Computer Data Access and Fraud Act (Penal Code, Section 502(e)); (13) Violation of the Computer Fraud and Abuse Act (18 U.S.C § 1030); (14) Unjust Enrichment/Restitution; (15) Accounting; and (16) Constructive Trust.

On January 5, 2022, Cross-Complainant Guadalupe Morante and Humberto Morante filed a Cross-Complaint against Eric Steven Cano and LRS Realty & Management, Inc. for (1) Failure To Compensate For All Hours Worked In Violation Of Labor Code § 1198 Et Seq., (2) Failure To Pay Overtime In Violation Of Labor Code §§ 510, 1194, 1194.2, 1198, (3) Failure To Authorize Or Permit Meal Periods In Violation Of Labor Code §§ 226.7, 512 And The Applicable Wage Order, (4) Failure To Authorize Or Permit Rest Periods In Violation Of Labor Code §§ 226.7 And The Applicable Wage Order, (5) Failure To Furnish Complete And Accurate Wage Statements In Violation Of Labor Code §§ 226 Et Seq., (6) Violation Of The California Healthy Workplaces, Healthy Families Act Per Labor Code §§ 245.5-248.5, (7) For Sexual Discrimination In Violation Of Gov’t Code §§ 12940 Et Seq., (8) For Sexual Harassment In Violation Of Gov’t Code §§ 12940 Et Seq., (9) Failure To Prevent Discrimination, Harassment, And Retaliation In Violation Of Gov’t Code § 12940(K), (10) For Sexual Harassment Pursuant To Civil Code § 51.9 (11)Violations Of Business & Professions Code § 17200 Et Seq., (12) Retaliation In Violation Of Labor Code § 1102.5, (13) Negligent Supervision, CACI 426, (14) Negligent Hiring, Supervision, Or Retention Of Employee, (15) Negligent Infliction Of Emotional Distress, and (16) Intentional Infliction Of Emotional Distress.

Cross-Defendants now demur to each cause of action in the Cross-Complaint.

Discussion

The Demurrer is CONTINUED to September 14, 2022, at 8:30 am. Code of Civil Procedure § 430.41 requires the demurring party to meet and confer in person or by telephone with the party who filed the pleading before filing a demurrer. (See Code Civ. Proc., § 430.41(a).) Cross-Defendants’ declaration demonstrates that the parties have not met and conferred. Accordingly, the parties are ordered to meet in person or by telephone and confer prior to the continued hearing date and update the Court at that time.

Cross-Defendants to give notice.

The parties are strongly encouraged to attend all scheduled hearings virtually or by audio. Effective July 20, 2020, all matters will be scheduled virtually and/or with audio through the Court’s LACourtConnect technology. The parties are strongly encouraged to use LACourtConnect for all their matters. All masking protocols will be observed at the Courthouse and in the courtrooms.