Boyle vs Johnson Controls Inc

Tentative Ruling on Demurrer to Complaint

Boyle v. Johnson Controls, Case No. 2018-14168

July 27, 2018, 1:30 p.m., Dept. 72

1. Overview and Procedural Posture.

In this employment case arising in the HVAC business, plaintiff Gary Brown claims defendants discriminated against him on the basis of his age; and all three plaintiffs claim defendants treated another employee (Allen) as a "sexual object" and that they were retaliated against for reporting this and the age discrimination. The nine count complaint was filed in March of 2018. ROA 1. Defendants twice sought additional time to plead to the complaint (ROA 14-16), and now demur to it. ROA 18-22. The demurrer attacks count one and nine for FEHA harassment (Gov. Code § 12940 et seq.) and declaratory/injunctive relief, respectively. Plaintiffs filed opposition. ROA 26-27. Defendants filed reply. ROA 29. The court has reviewed the papers.

The case is set for a CM........