GRACIELA E ORTIZ, Plaintiff, vs. COMPASSIONATE CARE HOSPICE, ET AL., Defendant

Case No.: BC646004

[TENTATIVE] ORDER SUSTAINING DEMURRER WITHOUT LEAVE TO AMEND

Background

On January 6, 2017, Plaintiff Graciela E. Ortiz (“Plaintiff”) filed a complaint against Defendants Compassionate Care Hospice; TLC Home Care; American Companion & Caregivers Inc. (“Defendant”); and Does 1-20, alleging a single cause of action for discrimination pursuant to Government Code section 12900 et seq. (FEHA).

On July 14, 2017, Defendant filed the instant demurrer to complaint. Plaintiff filed an opposition on July 31, 2017.

Demurrer

Defendant demurs to the single cause of action for discrimination pursuant to Government Code section 12900 et seq.

A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. In a demurrer proceeding, the defects must be ap