DEMURRER AND MOTION TO STRIKE
[CCP §430.10 et. seq.; CCP § 436]
Date: 3/6/20
Case: Becky Bayer v. LA Fitness et al. (19STCV30839)
TENTATIVE RULING:
I. DEFENDANTS’ DEMURRER
Defendant’s Fitness International, LLC’S and Sheice Young’s demurrer to the Complaint is: (1) OVERRULED as to the seventh (Intentional Infliction of Emotional Distress) cause of action; and (2) SUSTAINED with 10 days leave to amend as to the second (Negligent Hiring, Retention and Supervision Practices), third (Gross Negligence), fourth (Breach of Contract/Breach of the Covenant of Good Faith & Fair Dealing), fifth (False Advertising), sixth (Deceit & Intentional Fraud), and eighth (Unfair Business Practices) causes of action.
A. Second Cause of Action: Negligent Hiring, Retention & Supervision
With respect to the second cause of action for Negligent Hiring, Retention and Supervision Practices, plaintiff fails to allege that Fitness International, LLC (“Fitness”) knew or should have known of Young’s lack of q
Hearing Date
March 06, 2020
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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DEMURRER AND MOTION TO STRIKE
[CCP §430.10 et. seq.; CCP § 436]
Date: 3/6/20
Case: Becky Bayer v. LA Fitness et al. (19STCV30839)
TENTATIVE RULING:
I. DEFENDANTS’ DEMURRER
Defendant’s Fitness International, LLC’S and Sheice Young’s demurrer to the Complaint is: (1) OVERRULED as to the seventh (Intentional Infliction of Emotional Distress) cause of action; and (2) SUSTAINED with 10 days leave to amend as to the second (Negligent Hiring, Retention and Supervision Practices), third (Gross Negligence), fourth (Breach of Contract/Breach of the Covenant of Good Faith & Fair Dealing), fifth (False Advertising), sixth (Deceit & Intentional Fraud), and eighth (Unfair Business Practices) causes of action.
A. Second Cause of Action: Negligent Hiring, Retention & Supervision
With respect to the second cause of action for Negligent Hiring, Retention and Supervision Practices, plaintiff fails to allege that Fitness International, LLC (“Fitness”) knew or should have known of Young’s lack of q