Case Number:
BC526951
Hearing Date:
January 25, 2021
Dept:
61
Defendant Michael Camacho’s Demurrer to the Complaint is SUSTAINED without leave to amend as to the second cause of action for FEHA Harassment, SUSTAINED with leave to amend as to the sixth and eighth causes of action alleged by Plaintiff Michael Rathbun, and OVERRULED as to the sixth and eighth causes of action alleged by Plaintiff James Sexton.
Defendant Michael Camacho’s Motion to Strike Portions of the Complaint is DENIED.
DEMURRER
A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30,
et seq
.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (
See id
. § 430.10, subd. (e).) As the Supreme Court held in
Blank v. Kirwan
(1985) Cal.3d 311: “We treat the demurrer as admitting all mat
Hearing Date
January 25, 2021
Type
Other Employment Complaint Case (General Jurisdiction)
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Case Number:
BC526951
Hearing Date:
January 25, 2021
Dept:
61
Defendant Michael Camacho’s Demurrer to the Complaint is SUSTAINED without leave to amend as to the second cause of action for FEHA Harassment, SUSTAINED with leave to amend as to the sixth and eighth causes of action alleged by Plaintiff Michael Rathbun, and OVERRULED as to the sixth and eighth causes of action alleged by Plaintiff James Sexton.
Defendant Michael Camacho’s Motion to Strike Portions of the Complaint is DENIED.
DEMURRER
A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30,
et seq
.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (
See id
. § 430.10, subd. (e).) As the Supreme Court held in
Blank v. Kirwan
(1985) Cal.3d 311: “We treat the demurrer as admitting all mat