This Tentative Ruling is made by Judge James Reilly The Demurrer to Plaintiff's Complaint by Defendant Absolute Chiropractic - Dr. Pamela's Wellness Center, erroneously sued as Absolute Chiropractic - Dr. Pam's Wellness Center Inc. ("AC") is SUSTAINED, WITH LEAVE TO AMEND.
AC demurrers to Plaintiff's First through Eighth Causes of Action (alleging claims for (1) Assault, (2) Battery, (3) Intentional Infliction of Emotional Distress, (4) Sexual Battery, (5) Violence and Intimidation Based on Sex, (6) Gender Violence and Sexual Assault, (7) Fraud, and (8) Sexual Harassment. AC does NOT demurrer to Plaintiff's Ninth Cause of Action for Negligent Hiring, Supervision, and Retention, or her Tenth Cause of Action for General Negligence.
Plaintiff's causes of action arise from her alleged molestation by Defendant Leslie David Smith on occasions when Smith was supposed to be giving Plaintiff massages. Plaintiff admits that Smith's actions did not arise out of his treatment relationship with
Hearing Date
September 21, 2021
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This Tentative Ruling is made by Judge James Reilly The Demurrer to Plaintiff's Complaint by Defendant Absolute Chiropractic - Dr. Pamela's Wellness Center, erroneously sued as Absolute Chiropractic - Dr. Pam's Wellness Center Inc. ("AC") is SUSTAINED, WITH LEAVE TO AMEND.
AC demurrers to Plaintiff's First through Eighth Causes of Action (alleging claims for (1) Assault, (2) Battery, (3) Intentional Infliction of Emotional Distress, (4) Sexual Battery, (5) Violence and Intimidation Based on Sex, (6) Gender Violence and Sexual Assault, (7) Fraud, and (8) Sexual Harassment. AC does NOT demurrer to Plaintiff's Ninth Cause of Action for Negligent Hiring, Supervision, and Retention, or her Tenth Cause of Action for General Negligence.
Plaintiff's causes of action arise from her alleged molestation by Defendant Leslie David Smith on occasions when Smith was supposed to be giving Plaintiff massages. Plaintiff admits that Smith's actions did not arise out of his treatment relationship with