On April 16, 2021 a
Order
was filed
involving a dispute between
Bailey Donna,
and
Farmers And Merchants Trust Company,
Heacock Darelyne,
for Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
in the District Court of Los Angeles County.
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Civil Division
South District, Governor George Deukmejian Courthouse, Department S27
21STCV14469 November 2, 2021
DONNA BAILEY vs DARELYNE HEACOCK, et al. 8:30 AM
Judge: Honorable Mark C. Kim CSR: None
Judicial Assistant: B. Viola ERM: None
Courtroom Assistant: None Deputy Sheriff: None
APPEARANCES:
For Plaintiff(s): No Appearances
For Defendant(s): Parisa Saleki (Telephonic)
NATURE OF PROCEEDINGS: Case Management Conference; Hearing on Demurrer - with
Motion to Strike (CCP 430.10) by Defendant Darelyne Heacock To The First Amended
Complaint; Hearing on Demurrer - with Motion to Strike (CCP 430.10) by Defendant Farmers &
Merchants Trust To The First Amended Complaint
Matters are called for hearing.
The Court reads and considers all papers and all parties submit on the Court's tentative ruling.
The Court adopts the tentative ruling as the final ruling and the Demurrer - with Motion to Strike
(CCP 430.10) TO PLAINTIFF DONNA BAILEY’S FIRST AMENDED COMPLAINT; filed by
Darelyne Heacock on 07/20/2021 and Demurrer - with Motion to Strike (CCP 430.10) TO
PLAINTIFF’S FIRST AMENDED COMPLAINT; filed by Farmers and Merchants Trust
Company on 07/28/2021 are Sustained in Part.
As to the demurrer filed by Darelyne Heacock, the Court sustains the demurrer with leave to
amend as to assault and battery and hostile environment harassment Causes of Action. Demurrer
is overruled as to general negligence and IIED. Motion to Strike is deemed moot in light of the
Court's ruling, but is otherwise denied.
As to the demurrer filed by Farmers and Merchants Trust Company, the Court sustains the
demurrer with leave to amend as to hostile environment harassment and negligent hiring and
retention Causes of Action. The demurrer is overruled as to general negligence. Demurrer is
sustained without leave to amend as to IIED. Motion to strike is granted without leave to amend.
Amended complaint is to be filed within 20 days.
Case Management Conference is held.
Minute Order Page 1 of 2
Document Filed Date
November 02, 2021
Case Filing Date
April 16, 2021
Category
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division South District, Governor George Deukmejian Courthouse, Department S27 21STCV14469 November 2, 2021 DONNA BAILEY vs DARELYNE HEACOCK, et al. 8:30 AM Judge: Honorable Mark C. Kim CSR: None Judicial Assistant: B. Viola ERM: None Courtroom Assistant: None Deputy Sheriff: None APPEARANCES: For Plaintiff(s): No Appearances For Defendant(s): Parisa Saleki (Telephonic) NATURE OF PROCEEDINGS: Case Management Conference; Hearing on Demurrer - with Motion to Strike (CCP 430.10) by Defendant Darelyne Heacock To The First Amended Complaint; Hearing on Demurrer - with Motion to Strike (CCP 430.10) by Defendant Farmers & Merchants Trust To The First Amended Complaint Matters are called for hearing. The Court reads and considers all papers and all parties submit on the Court's tentative ruling. The Court adopts the tentative ruling as the final ruling and the Demurrer - with Motion to Strike (CCP 430.10) TO PLAINTIFF DONNA BAILEY’S FIRST AMENDED COMPLAINT; filed by Darelyne Heacock on 07/20/2021 and Demurrer - with Motion to Strike (CCP 430.10) TO PLAINTIFF’S FIRST AMENDED COMPLAINT; filed by Farmers and Merchants Trust Company on 07/28/2021 are Sustained in Part. As to the demurrer filed by Darelyne Heacock, the Court sustains the demurrer with leave to amend as to assault and battery and hostile environment harassment Causes of Action. Demurrer is overruled as to general negligence and IIED. Motion to Strike is deemed moot in light of the Court's ruling, but is otherwise denied. As to the demurrer filed by Farmers and Merchants Trust Company, the Court sustains the demurrer with leave to amend as to hostile environment harassment and negligent hiring and retention Causes of Action. The demurrer is overruled as to general negligence. Demurrer is sustained without leave to amend as to IIED. Motion to strike is granted without leave to amend. Amended complaint is to be filed within 20 days. Case Management Conference is held. Minute Order Page 1 of 2