norma rojas, Plaintiff, vs. din tai fung restaurant, inc., et al., Defendants.

Case No.: BC 697069

Hearing Date: December 4, 2019

Hearing Time: 8:30 a.m.

[TENTATIVE] ORDER RE:

DEFENDANT DIN TAI FUNG (GLENDALE) RESTAURANT, LLC’S DEMURRER TO PLAINTIFF’S THIRD AMENDED COMPLAINT

Background

On March 8, 2018, Plaintiff Norma Rojas (“Rojas”) filed this employment action. The operative Third Amended Complaint (“TAC”) was filed on May 22, 2019. In the TAC, Rojas asserts causes of action for sexual harassment in violation of FEHA, retaliation in violation of FEHA, wrongful termination in violation of public policy, failure to prevent discrimination and harassment in violation of FEHA, and unfair business practices.

Defendant Din Tai Fung (Glendale) Restaurant, LLC[1] (“DTF”) now demurs to each and every cause of action. Rojas opposes.

Request for Judicial Notice

The Court grants DTF’s request for judicial notice as to Exhibits A and B.

Discussion

A demurrer can be used only to challe