OVERRULE the demurrer in its entirety. 3rd CofA: Plaintiff alleges a claim for sexual harassment as the 2nd cause of action, to which Defendants do not challenge by demurrer. The facts supporting the sexual harassment claim are assumed as true for purposes of the demurrer. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The failure to prevent claim is properly predicated on the sexual harassment claim. (Complaint, ¶ 82.) Although Defendant contends no cause of action for “discrimination” (as opposed to “sexual harassment”) is alleged, Plaintiff states a valid cause of action for failure to prevent sexual harassment, thereby surviving general demurrer. (Quelimane Co. Inc. v. Stewart Title Guar. Co. (1998) 19 Cal.4th 26, 38-39 (“If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a general demurrer”).)
Defendants alternatively a
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OVERRULE the demurrer in its entirety. 3rd CofA: Plaintiff alleges a claim for sexual harassment as the 2nd cause of action, to which Defendants do not challenge by demurrer. The facts supporting the sexual harassment claim are assumed as true for purposes of the demurrer. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The failure to prevent claim is properly predicated on the sexual harassment claim. (Complaint, ¶ 82.) Although Defendant contends no cause of action for “discrimination” (as opposed to “sexual harassment”) is alleged, Plaintiff states a valid cause of action for failure to prevent sexual harassment, thereby surviving general demurrer. (Quelimane Co. Inc. v. Stewart Title Guar. Co. (1998) 19 Cal.4th 26, 38-39 (“If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a general demurrer”).)
Defendants alternatively a