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, plaint........