On March 19, 2024 a
Motion-Secondary
was filed
involving a dispute between
Acosta, Maria,
and
Brewer, Balda C,
Doe, Elizabeth,
Doe, Julieta,
Does 1 To 25,
Gallardo, Sofia,
for Wrongful Termination Unlimited
in the District Court of San Bernardino County.
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MORGAN, LEWIS & BOCKIUS LLP
Jennifer B. Zargarof, Bar No. 204382 Electronically FILED b:
Daniel R. Rodriguez, Bar No, 323955 Superior Court of Cali fornia,
300 South Grand Avenue County of Los Angeles
Twenty-Second Floor 12/22/2023 2:25 M
David W. Slayton,
Los Angeles, CA 90071-3132 Executive Officer/Clerk of Court,
Tel ~1.213.612.2500 By J. Tang, Deputy Clerk
Fax: 1.213.612 501
jennifer.zargarof@morganlewis.com
daniel.rodriguez@morganlewis.com
6
Attorneys for Defendants
Balda C. Brewer, Inc., and Sophia Gallardo
(incorrectly named as Sofia Gallardo)
8
9
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
I COUNTY OF LOS ANGELES
12
CIVSB 2406899
13 MARIA ACOSTA, Case No. 23STCV13595
14 Plaintiff, Assigned to: Hon. Randolph M. Hammock
Dept. 49
1s Vs.
DEFENDANT SOPHIA G LLARDO’S
16 BALDAC. BREWER, INC., a California MEMORANDUM OF POL AND
corporation, JULIETA DOE, an individual; UTHORITIES IN SUPPORT OF
17 SOFIA GALLARDO, an individual; DEMURRER TO PLAINTIFF'S
ELIZABETH DOE, an individual; and DOES | | COMPLAINT
Is to 25, inclusive;
|
19 Defendants | Date April 17, 2024
Time: 8:30 a.m
20. Dept.: 49
21 Reservation ID: 467383547067
Complaint Filed: June 13, 2023
»
22
53
24
25
26
7
2s
Moxc K&
Lu
=le
DB2 471363103 DEFENDANT SOPHIA GAL ARDO'S DEMURRERTO COMPLAL
TABLE OF CONTENTS
Page
INTRODUCTION ver epssemescrser war O-
I RELEVANT FACTUAL AND PROCEDURAL BACKGROUND... -7-
HI PLAINTIFEF’S ALLEGATIONS ........ -7-
6
A. The Complaint Contains Only One Specific Allegation Against Gallardo a Ps
B. It Is Uncertain Toward Whom The Allegations in the Complaint Are
& Directed soeeunsteciinas ae -7-
9 IV ARGUMEN saree -7-
10 A Legal Standard for General Demurrer. as
saienascnvencan
I
1 Plaintiff's Fifth Cause of Action Against Gallardo Should Be
12 Dismissed Because Non-Employer Individuals Cannot Be Held
Liable For Retaliation Under the FEHA ... nm ecasties -&-
13
Plaintiff's Sixth Cause of Action Against Gallardo Should Be
I4 Dismissed Because Plaintiff Has Not Pled F: ts Sufficient to State
a Cause of Action for Hostile Work Environment Under the FEHA -9-
15
Plaintiff's Ninth Cause of Action Against Gallardo Should Be
16
Dismissed Because the Complaint Fails to Allege “Outrageous” or
“Extreme” Conduct....... - 10-
Is Plaintiff's Tenth Cause of Action Against Gallardo Should Be
Dismissed Because Non-Employer Individuals Cannot Be Held
19 Liable Under Labor Code Section 1102.5. 126
20
Plaintiff's Fift enth Cau: of Action Against Gallardo Should Be
Dismissed Because Plaintiff Has Not Alleged Sufficient Facts to
21
State a Claim for Relief. -13-
2?
22
Legal Standard for Special Demurrer ows -14-
2
1 Plaintiff's Complaint And Causes of Action Against Gallardo Are
24 Uncertain Because Gallardo Does Not Know Which Allegations
Are Levied Against Her or Against Other Defendants .........00..0...... 15-
25
V CONCLUSION voceteeeeee 16-
26
27
28
M Liwn&
Lu =
DEFENDANT SOPHIA GALLARDO* JEMURRER
TO COMPLAINT
DB2 471363103
Document Filed Date
March 19, 2024
Case Filing Date
March 19, 2024
Category
Wrongful Termination Unlimited
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MORGAN, LEWIS & BOCKIUS LLP Jennifer B. Zargarof, Bar No. 204382 Electronically FILED b: Daniel R. Rodriguez, Bar No, 323955 Superior Court of Cali fornia, 300 South Grand Avenue County of Los Angeles Twenty-Second Floor 12/22/2023 2:25 M David W. Slayton, Los Angeles, CA 90071-3132 Executive Officer/Clerk of Court, Tel ~1.213.612.2500 By J. Tang, Deputy Clerk Fax: 1.213.612 501 jennifer.zargarof@morganlewis.com daniel.rodriguez@morganlewis.com 6 Attorneys for Defendants Balda C. Brewer, Inc., and Sophia Gallardo (incorrectly named as Sofia Gallardo) 8 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA I COUNTY OF LOS ANGELES 12 CIVSB 2406899 13 MARIA ACOSTA, Case No. 23STCV13595 14 Plaintiff, Assigned to: Hon. Randolph M. Hammock Dept. 49 1s Vs. DEFENDANT SOPHIA G LLARDO’S 16 BALDAC. BREWER, INC., a California MEMORANDUM OF POL AND corporation, JULIETA DOE, an individual; UTHORITIES IN SUPPORT OF 17 SOFIA GALLARDO, an individual; DEMURRER TO PLAINTIFF'S ELIZABETH DOE, an individual; and DOES | | COMPLAINT Is to 25, inclusive; | 19 Defendants | Date April 17, 2024 Time: 8:30 a.m 20. Dept.: 49 21 Reservation ID: 467383547067 Complaint Filed: June 13, 2023 » 22 53 24 25 26 7 2s Moxc K& Lu =le DB2 471363103 DEFENDANT SOPHIA GAL ARDO'S DEMURRERTO COMPLAL TABLE OF CONTENTS Page INTRODUCTION ver epssemescrser war O- I RELEVANT FACTUAL AND PROCEDURAL BACKGROUND... -7- HI PLAINTIFEF’S ALLEGATIONS ........ -7- 6 A. The Complaint Contains Only One Specific Allegation Against Gallardo a Ps B. It Is Uncertain Toward Whom The Allegations in the Complaint Are & Directed soeeunsteciinas ae -7- 9 IV ARGUMEN saree -7- 10 A Legal Standard for General Demurrer. as saienascnvencan I 1 Plaintiff's Fifth Cause of Action Against Gallardo Should Be 12 Dismissed Because Non-Employer Individuals Cannot Be Held Liable For Retaliation Under the FEHA ... nm ecasties -&- 13 Plaintiff's Sixth Cause of Action Against Gallardo Should Be I4 Dismissed Because Plaintiff Has Not Pled F: ts Sufficient to State a Cause of Action for Hostile Work Environment Under the FEHA -9- 15 Plaintiff's Ninth Cause of Action Against Gallardo Should Be 16 Dismissed Because the Complaint Fails to Allege “Outrageous” or “Extreme” Conduct....... - 10- Is Plaintiff's Tenth Cause of Action Against Gallardo Should Be Dismissed Because Non-Employer Individuals Cannot Be Held 19 Liable Under Labor Code Section 1102.5. 126 20 Plaintiff's Fift enth Cau: of Action Against Gallardo Should Be Dismissed Because Plaintiff Has Not Alleged Sufficient Facts to 21 State a Claim for Relief. -13- 2? 22 Legal Standard for Special Demurrer ows -14- 2 1 Plaintiff's Complaint And Causes of Action Against Gallardo Are 24 Uncertain Because Gallardo Does Not Know Which Allegations Are Levied Against Her or Against Other Defendants .........00..0...... 15- 25 V CONCLUSION voceteeeeee 16- 26 27 28 M Liwn& Lu = DEFENDANT SOPHIA GALLARDO* JEMURRER TO COMPLAINT DB2 471363103