Motion: 1) Defendant Panoche Water District’s Demurrer to Plaintiffs’ First Amended Complaint
2) Plaintiffs’ Motion to Amend the Complaint
Tentative Ruling:
To sustain the general demurrer to the first cause of action, with leave to amend to allege compliance with the Tort Claims Act, but to overrule the demurrers based on Code of Civil Procedure sections 430.10, subd. (f) [uncertainty] and (g) [uncertain contract claim]. To sustain the demurrer to the second cause of action, without leave to amend.
To grant the motion to amend in part, and deny in part: plaintiffs’ request to reinstate their three causes of action based on violations of the California Labor Code is denied; plaintiffs’ request to add allegations regarding the 2001 Employee handbook in order to support their breach of contract claim is granted. Therefore, plaintiffs are allowed to add paragraphs 35, 36, 40, and 65 as stated in the Proposed (Redline) Second Amended Complaint. However, the language in paragraph 40 stating
Hearing Date
January 29, 2020
Type
15 Unlimited - Other Employment
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Motion: 1) Defendant Panoche Water District’s Demurrer to Plaintiffs’ First Amended Complaint
2) Plaintiffs’ Motion to Amend the Complaint
Tentative Ruling:
To sustain the general demurrer to the first cause of action, with leave to amend to allege compliance with the Tort Claims Act, but to overrule the demurrers based on Code of Civil Procedure sections 430.10, subd. (f) [uncertainty] and (g) [uncertain contract claim]. To sustain the demurrer to the second cause of action, without leave to amend.
To grant the motion to amend in part, and deny in part: plaintiffs’ request to reinstate their three causes of action based on violations of the California Labor Code is denied; plaintiffs’ request to add allegations regarding the 2001 Employee handbook in order to support their breach of contract claim is granted. Therefore, plaintiffs are allowed to add paragraphs 35, 36, 40, and 65 as stated in the Proposed (Redline) Second Amended Complaint. However, the language in paragraph 40 stating