MOVING PARTY: Plaintiff Sylvia Noland
OPPOSITION: Defendants Land of the Free, L.P., and Jose Luis Nazar
Plaintiff Sylvia Noland (“Plaintiff”) alleges that Defendants Land of the Free, L.P. (“LOTF”), and its owner Jose Luis Nazar (collectively, “Defendants”) committed several wage and hour violations. Plaintiff was employed by Defendants as Leasing Agent and Event Sales Representatives. Defendants dispute that Plaintiff was an employee and instead state that she was an independent contractor. Plaintiff’s operative Second Amended Complaint (“SAC”) alleges 23 causes of action and this demurrer is to all 23. COAs 8 and 9 will be discussed out of order.
Special Demurrer: OVERRULED
Defendants argue that all 23 causes of action are vague and uncertain. A special demurrer for uncertainty, Code of Civil Procedure §430.10(f), is disfavored and will only be sustained where the pleading is so bad that defendant cannot reasonably respond—i.e., cannot reasonably determine what issues must be ad
Hearing Date
July 07, 2020
Type
Other Employment Complaint Case (General Jurisdiction)
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MOVING PARTY: Plaintiff Sylvia Noland
OPPOSITION: Defendants Land of the Free, L.P., and Jose Luis Nazar
Plaintiff Sylvia Noland (“Plaintiff”) alleges that Defendants Land of the Free, L.P. (“LOTF”), and its owner Jose Luis Nazar (collectively, “Defendants”) committed several wage and hour violations. Plaintiff was employed by Defendants as Leasing Agent and Event Sales Representatives. Defendants dispute that Plaintiff was an employee and instead state that she was an independent contractor. Plaintiff’s operative Second Amended Complaint (“SAC”) alleges 23 causes of action and this demurrer is to all 23. COAs 8 and 9 will be discussed out of order.
Special Demurrer: OVERRULED
Defendants argue that all 23 causes of action are vague and uncertain. A special demurrer for uncertainty, Code of Civil Procedure §430.10(f), is disfavored and will only be sustained where the pleading is so bad that defendant cannot reasonably respond—i.e., cannot reasonably determine what issues must be ad