Tentative ruling for February 5, 2015 on Defendant Vista Cove Care Center at Santa Paula, Inc.'s Demurrer to Plaintiff Amanda Quist's 1st Amended Complaint
Sustain, with leave to amend, Defendant Vista Cove Care Center at Santa Paula, Inc.'s general demurrer to the third cause of action for negligent infliction of emotional distress, fourth cause of action for intentional infliction of emotional distress, and seventh cause of action for negligent hiring/retention/supervision in Plaintiff Amanda Quist's First Amended Complaint, on the ground that these causes of action – at least as presently pled – are barred on their face by the exclusive remedy provisions of the Workers' Compensation Act.
Sustain, with leave to amend, Defendant's general demurrer to the fifth cause of action for battery and sixth cause of action for assault, on the grounds that (a) Defendant cannot be held vicariously liable for an assault/battery by a coworker; and (b) Plaintiff fails to allege sufficient facts to i
Hearing Date
February 05, 2015
Category
Civil - Unlimited
Type
Wrongful Termination
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Tentative ruling for February 5, 2015 on Defendant Vista Cove Care Center at Santa Paula, Inc.'s Demurrer to Plaintiff Amanda Quist's 1st Amended Complaint
Sustain, with leave to amend, Defendant Vista Cove Care Center at Santa Paula, Inc.'s general demurrer to the third cause of action for negligent infliction of emotional distress, fourth cause of action for intentional infliction of emotional distress, and seventh cause of action for negligent hiring/retention/supervision in Plaintiff Amanda Quist's First Amended Complaint, on the ground that these causes of action – at least as presently pled – are barred on their face by the exclusive remedy provisions of the Workers' Compensation Act.
Sustain, with leave to amend, Defendant's general demurrer to the fifth cause of action for battery and sixth cause of action for assault, on the grounds that (a) Defendant cannot be held vicariously liable for an assault/battery by a coworker; and (b) Plaintiff fails to allege sufficient facts to i