BC715898 IRENE MORENO vs CIRRUS ASSET MANAGEMENT INC
Insperity Defendants’ Unopposed Demurrer to the Second Amended Complaint
TENTATIVE RULING: The Third Amended Complaint is stricken. See CCP §472. The Insperity Defendant’s demurrer to the second amended complaint is SUSTAINED WITH LEAVE TO AMEND. Plaintiff may file an amended complaint as outlined in this ruling within 15 days.
Request for Judicial Notice
Defendant’s request for judicial notice is GRANTED in its entirety.
Demurrer
1st Cause of Action – FEHA. The demurrer is SUSTAINED WITH LEAVE TO AMEND to allege an employment relationship between plaintiffs and the Insperity Defendants, exhaustion of administrative remedies as against the Insperity Defendants, and dates placing the conduct at issue within the statute of limitations.
2nd Cause of Action – Labor Code §1102.5. The demurrer is SUSTAINED WITH LEAVE TO AMEND to allege an employment relationship between plaintiffs and the Insperity Defendants.
3rd Cause of Action –
Hearing Date
August 10, 2020
Type
Wrongful Termination (General Jurisdiction)
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BC715898 IRENE MORENO vs CIRRUS ASSET MANAGEMENT INC
Insperity Defendants’ Unopposed Demurrer to the Second Amended Complaint
TENTATIVE RULING: The Third Amended Complaint is stricken. See CCP §472. The Insperity Defendant’s demurrer to the second amended complaint is SUSTAINED WITH LEAVE TO AMEND. Plaintiff may file an amended complaint as outlined in this ruling within 15 days.
Request for Judicial Notice
Defendant’s request for judicial notice is GRANTED in its entirety.
Demurrer
1st Cause of Action – FEHA. The demurrer is SUSTAINED WITH LEAVE TO AMEND to allege an employment relationship between plaintiffs and the Insperity Defendants, exhaustion of administrative remedies as against the Insperity Defendants, and dates placing the conduct at issue within the statute of limitations.
2nd Cause of Action – Labor Code §1102.5. The demurrer is SUSTAINED WITH LEAVE TO AMEND to allege an employment relationship between plaintiffs and the Insperity Defendants.
3rd Cause of Action –