Dawn Holmes, PhD v. Regents of the University of California

Nature of Proceedings: Demurrer to Second Amend. Comp./Motion Strike Second Amend. Comp.

Demurrer to 7th cause of action in Second Amended Complaint

Motion to strike punitive damage allegations from Second Amended Complaint

RULING

The demurrer to the 7th cause of action is sustained, without leave to amend. The motion to strike the punitive damage allegations from ¶¶ 176 and 178 of the Second Amended Complaint is mooted by the ruling on the demurrer; the motion to strike the prayer for punitive damages is granted, without leave to amend.

Background

As relevant to the current demurrer, plaintiff Dawn Holmes, Ph.D. (Holmes), has been employed by defendant The Regents of the University of California (Regents) at UC Santa Barbara in the Department of Statistics and Applied Probability since 2001. (Second Amended Complaint [SAC], ¶¶ 7-9.) Holmes now has the position of Senior Lecturer with Security of ........