The Demurrer brought by Defendant Ordway Corporation dba Print & Finishing Solutions, against the Sixth Cause of Action for Intentional Infliction of Emotional Distress, is SUSTAINED with 15 days leave to amend.
The Court finds Plaintiff’s claim for Intentional Infliction of Emotional Distress is not barred by the workers’ compensation exclusivity rule, as an exception to this rule exists, where the claim arises from discrimination or harassment prohibited by FEHA. (Light v. Department of Parks & Recreation (2017) 14 Cal.App.5th 75, 97; See also Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 288). Specifically, authority indicates such conduct falls outside the normal employment relationship, such as to not be barred by the workers’ compensation exclusivity rule.
Defendants assert the Court should reject Light, as it “does not follow the logic of the Miklosy decision to its necessary result,” (Reply: 7:22-24); however, the Court in Light noted that Miklosy reaffirmed an exc