EULICES JIMENEZ VS BIO-NUTRACEUTICALS, INC., ET AL.

Case No.: 20STCV26810    

SUBJECT: Demurrer and Motion to Strike

Moving Party: Defendant Bio-Nutraceuticals, Inc.

Resp. Party: Plaintiff Eulices Jimenez

Defendant’s demurrer to the first, second, fifth, sixth, and ninth causes of action is OVERRULED.

Defendant’s demurrer to the fourth cause of action is SUSTAINED without leave to amend.

Defendant’s demurrer to the eighth cause of action is SUSTAINED with leave to amend.

Defendant’s motion to strike is GRANTED in part.

BACKGROUND:

“This is an action by Plaintiff, EULICES JIMENEZ, [hereinafter referred to as ‘Plaintiff’], a disabled Latino male, over 40, from El Salvador who was employed by Defendant BIONUTRACEUTICALS INC. [hereinafter referred to as ‘EMPLOYER’], as a laborer working in Defendant EMPLOYER’s powder room who complained about and protested unsafe work conditions and mistreatment.” (FAC, ¶ 1.) Plaintiff alleges that he “was wrongfully........