HEARING ON DEMURRER TO COMPLAINT OF GARCIA FILED BY ARTURO MEJIA

* TENTATIVE RULING: *

Defendant Arturo Mejia demurs to the only two causes of action asserted against him in the complaint, the ninth (defamation) and the tenth (false light). The demurrer is sustained with leave to amend. Plaintiff may file and serve a first amended complaint by November 20. If plaintiff elects not to do so, Mejia may present a separate judgment.

Plaintiff sues Mejia for defamation and false light based on statements allegedly made by Mejia. Plaintiff alleges that Mejia falsely published verbal and written statements that customers, employees and supervisors complained about plaintiff’s poor performance and that plaintiff was terminated for poor performance. (Comp. ¶64.) Plaintiff alleges that defendants published these statements to their own employees and to third parties. (Comp. ¶65.) The false light claim is based on similar allegations.

Defamation

Mejia raises a number of arguments against the