Defendant Petvet’s demurrer to plaintiff’s complaint. Demurrer sustained in part with leave to amend and overruled in part.
The demurrer is sustained with leave to amend as to the first (battery), second (assault), fifth (medical leave retaliation), and sixth (medical leave discrimination causes of action. The demurrer is overruled with respect to the remaining causes of action.
Defendant’s demurrers to the first cause of action for battery and second cause of action for assault are sustained, with leave to amend, based on failure to state facts sufficient to constitute a cause of action.
(CCP 430.10(e).) The complaint shows on its face that these claims are barred by workers’ compensation exclusivity. (CA Labor Code 3600, 3601(a), 3602(a) [workers’ compensation generally exclusive remedy]; Labor Code 3601(b) [no employer liability where “injury or death is proximately caused by the willful and unprovoked physical act of aggression of the other employee”]; Iverson v. Atlas Pacific Engi
Hearing Date
December 13, 2019
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Defendant Petvet’s demurrer to plaintiff’s complaint. Demurrer sustained in part with leave to amend and overruled in part.
The demurrer is sustained with leave to amend as to the first (battery), second (assault), fifth (medical leave retaliation), and sixth (medical leave discrimination causes of action. The demurrer is overruled with respect to the remaining causes of action.
Defendant’s demurrers to the first cause of action for battery and second cause of action for assault are sustained, with leave to amend, based on failure to state facts sufficient to constitute a cause of action.
(CCP 430.10(e).) The complaint shows on its face that these claims are barred by workers’ compensation exclusivity. (CA Labor Code 3600, 3601(a), 3602(a) [workers’ compensation generally exclusive remedy]; Labor Code 3601(b) [no employer liability where “injury or death is proximately caused by the willful and unprovoked physical act of aggression of the other employee”]; Iverson v. Atlas Pacific Engi