SUBJECT: Demurrer to Complaint
Moving Party: Defendants Montebello Unified School District; Benjamin Cardenas; Lani Cupchoy; Joanna Flores; Ruben J. Rojas; Edgar Cisneros; and Hector Chicon
Resp. Party: Plaintiffs Lourdes Hale and Dominic Picon
The demurrer is MOOT as to the individual defendants because Plaintiff has agreed to dismiss all of the individual defendants. The demurrer to the third cause of action is OVERRULED.
BACKGROUND:
Plaintiffs commenced this action on 04/20/18 against defendants for: (1) retaliation in violation of Labor Code § 1102.5; (2) retaliation in violation of Labor Code § 98.6; and (3) violation of the Reporting by School Employees of Improper Governmental Activities Act (Ed. Code §§ 44113 & 44114).
ANALYSIS:
Defendants demur to the first, second, and third causes of action on the grounds that defendants Cardenas, Cupchoy, Flores, and Cisneros are immune from liability and that the Complaint fails to allege sufficient facts against defendant Chicon to
Hearing Date
October 05, 2018
Type
Other Employment Complaint (General Jurisdiction)
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SUBJECT: Demurrer to Complaint
Moving Party: Defendants Montebello Unified School District; Benjamin Cardenas; Lani Cupchoy; Joanna Flores; Ruben J. Rojas; Edgar Cisneros; and Hector Chicon
Resp. Party: Plaintiffs Lourdes Hale and Dominic Picon
The demurrer is MOOT as to the individual defendants because Plaintiff has agreed to dismiss all of the individual defendants. The demurrer to the third cause of action is OVERRULED.
BACKGROUND:
Plaintiffs commenced this action on 04/20/18 against defendants for: (1) retaliation in violation of Labor Code § 1102.5; (2) retaliation in violation of Labor Code § 98.6; and (3) violation of the Reporting by School Employees of Improper Governmental Activities Act (Ed. Code §§ 44113 & 44114).
ANALYSIS:
Defendants demur to the first, second, and third causes of action on the grounds that defendants Cardenas, Cupchoy, Flores, and Cisneros are immune from liability and that the Complaint fails to allege sufficient facts against defendant Chicon to