19-CIV-06273 AMY COWAN VS. EILEEN BOCCI-CAMPBELL, ET AL.

AMY COWAN EILEEN BOCCI-CAMPBELL
PRO/PER STEPHEN R. PAPPAS

DEMURRER OF DEFENDANTS EILEEN BOCCI-CAMPBELL AND TRADITIONALLY DERBY, INC. TO THE COMPLAINT OF PLAINTIFF AMY COWAN TENTATIVE RULING:

The Demurrer of Defendants Eileen Bocci-Campbell and Traditionally Derby, Inc. (“Defendants”) to the Complaint of Plaintiff Amy Cowan (“Plaintiff”) is ruled on as follows:
The Demurrer to the Complaint for failure to state a cause of action is OVERRULED. Plaintiff has not alleged facts sufficient to support a claim for negligence, considering the only causation allegations concern remarks Defendants allegedly made about Plaintiff to others.

The allegations concerning these remarks are insufficient to support a cause of action since Plaintiff has not alleged facts indicating the defamatory nature of the remarks. Smith v. Maldonado (1999) 72 Cal.App.4th 637, 645. The Complaint also alleges that Defendants terminated Plaintiff, but Plaintiff has not alleged facts sufficient to support causes of action for wrongful termination or for retaliation. However, the complaint is good against a general demurrer where the essential facts of some valid cause of action are alleged. Quelimane Co., Inc. v. Stewart Title Guar. Co. (1998) 19 C4th 26, 38-39. Here, Plaintiff has alleged facts constituting a cause of action for failure to make personnel records available in a timely manner under Labor Code section 1198.5(k).

The Demurrer to the Complaint for uncertainty is SUSTAINED WITH LEAVE TO AMEND. Paragraph 10 of the Complaint checked the boxes for more than one cause of action, but the attachment to the Complaint does not separately state each cause of action and the parties to whom it is directed, and the substantive allegations contained therein only state one valid cause of action. See A.J. Fistes Corp. v. GDL Best Contractors, Inc., 38 Cal. App. 5th 677, 695 (Ct. App. 2019). Thus, to the extent Plaintiff seeks to bring other causes of action, Plaintiff must attach these causes of action with facts alleged in support.
Plaintiff is to file the amended complaint within ten (10) after notice of entry of order.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendants shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.