Quiana Foley v. S B Books, Inc., et al.

Nature of Proceedings: Demurrer

Demurrer to complaint


The demurrers to the first and second causes of action, and the demurrer by individual defendant Jorge Utrera, are sustained, with leave to amend on or before September 1, 2015. The demurrer by defendant Donovan M. Green, based upon his individual liability, is overruled.


Plaintiff’s complaint alleges causes of action for (1) retaliation in violation of the FEHA, and (2) wrongful termination in violation of public policy. She asserts that she was employed by defendant SB Books as a cashier/sales assistant at its adult book/video stores in Santa Barbara. (Complaint [COM], ¶ 15) Defendant Donovan M. Green is alleged to own substantially all of defendant SB Books, and to have been its alter ego. (COM, ¶¶ 3, 8-13) Plaintiff was working on 4/21/13, when she was accosted in the store by a customer, who first exposed his genitalia to her and then a........