Defendant Fluoresco Services, LLC’s demurrer to the Complaint is GRANTED in part and OVERRULED in part. Defendant Fluoresco Services, LLC’s motion to strike is GRANTED. Plaintiff has 10 days to file his amended complaint.
JUDICIAL NOTICE of Defendant’s Exhibit A is DENIED. (Evid. Code §§ 452, 453.)
Defendant Fluoresco Services, LLC (“Defendant”) demurrers to the Complaint of Plaintiff Brian Lock (“Plaintiff”) as to the first, second, third, fifth, sixth, seventh, and eighth causes of action.[1] Defendant also brings a motion to strike punitive damages from the Complaint.
As a preliminary matter, the court notes that Plaintiff failed to oppose Defendant’s motion to strike. Thus, Defendant’s motion to strike punitive damages is GRANTED.
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. (Taylor v. City of Los Angeles Dept. of
Hearing Date
October 14, 2020
Type
Other Employment Complaint Case (General Jurisdiction)
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Defendant Fluoresco Services, LLC’s demurrer to the Complaint is GRANTED in part and OVERRULED in part. Defendant Fluoresco Services, LLC’s motion to strike is GRANTED. Plaintiff has 10 days to file his amended complaint.
JUDICIAL NOTICE of Defendant’s Exhibit A is DENIED. (Evid. Code §§ 452, 453.)
Defendant Fluoresco Services, LLC (“Defendant”) demurrers to the Complaint of Plaintiff Brian Lock (“Plaintiff”) as to the first, second, third, fifth, sixth, seventh, and eighth causes of action.[1] Defendant also brings a motion to strike punitive damages from the Complaint.
As a preliminary matter, the court notes that Plaintiff failed to oppose Defendant’s motion to strike. Thus, Defendant’s motion to strike punitive damages is GRANTED.
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. (Taylor v. City of Los Angeles Dept. of