1. Demurrer to First Amended Complaint filed by Defendant County of Orange 2. Motion to Strike Portions of Complaint filed by Defendant County of Orange
The general demurrer of defendant County of Orange to all six causes of action in the first amended complaint of plaintiff Maria Del Carmen Sanchez is sustained with 30 days’ leave to amend.
The motion to strike portions of the first amended complaint is off-calendar as moot.
The first cause of action for disability discrimination in violation of Gov. Code § 12940 et seq. All liability against a public entity such as the defendant must be based on statute or enactment and the plaintiff must plead every fact essential to the existence of that statutory liability with particularity. Searcy v. Hemet Unified School District (1986) 177 Cal.App.3d 792, 802.
The first cause of action in the FAC is for disability discrimination under Gov. Code § 12940 et seq., which makes it unlawful for an employer to discriminate against an employee because
Hearing Date
October 01, 2020
For full print and download access, please subscribe at https://www.trellis.law/.
1. Demurrer to First Amended Complaint filed by Defendant County of Orange 2. Motion to Strike Portions of Complaint filed by Defendant County of Orange
The general demurrer of defendant County of Orange to all six causes of action in the first amended complaint of plaintiff Maria Del Carmen Sanchez is sustained with 30 days’ leave to amend.
The motion to strike portions of the first amended complaint is off-calendar as moot.
The first cause of action for disability discrimination in violation of Gov. Code § 12940 et seq. All liability against a public entity such as the defendant must be based on statute or enactment and the plaintiff must plead every fact essential to the existence of that statutory liability with particularity. Searcy v. Hemet Unified School District (1986) 177 Cal.App.3d 792, 802.
The first cause of action in the FAC is for disability discrimination under Gov. Code § 12940 et seq., which makes it unlawful for an employer to discriminate against an employee because