DEMURRER IS OVERRULED.
Background
On September 11, 2019, Plaintiff Lydia Lim filed the instant action against Defendants Pro-Com Products, Inc.; ADP Total Source, Inc.; and Does 1 through 250. On January 15, 2020, Plaintiff filed the First Amended Complaint (“FAC”). The FAC asserts causes of action for:
Violation of California Family Rights Act;
Discrimination (Associational) in Violation of FEHA;
Gender Discrimination;
Failure to Prevent/Remedy Discrimination;
Wrongful Termination in Violation of Public Policy;
Breach of Written Contract;
Breach of Implied-in-Fact Contract; and
Breach of the Covenant of Good Faith and Fair Dealing.
Legal Standard
A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720-21.) In a demurrer proceeding, the defec
Hearing Date
July 09, 2020
Type
Wrongful Termination (General Jurisdiction)
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DEMURRER IS OVERRULED.
Background
On September 11, 2019, Plaintiff Lydia Lim filed the instant action against Defendants Pro-Com Products, Inc.; ADP Total Source, Inc.; and Does 1 through 250. On January 15, 2020, Plaintiff filed the First Amended Complaint (“FAC”). The FAC asserts causes of action for:
Violation of California Family Rights Act;
Discrimination (Associational) in Violation of FEHA;
Gender Discrimination;
Failure to Prevent/Remedy Discrimination;
Wrongful Termination in Violation of Public Policy;
Breach of Written Contract;
Breach of Implied-in-Fact Contract; and
Breach of the Covenant of Good Faith and Fair Dealing.
Legal Standard
A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720-21.) In a demurrer proceeding, the defec