Case Number: 19NWCV00335 Hearing Date: September 24, 2019 Dept: SEC

MAHNKE v. OIL WELL SERVICE CO.

CASE NO.: 19NWCV00335

HEARING: 9/24/19

JUDGE: MARGARET M. BERNAL

#4

TENTATIVE ORDER

Defendant Tim Foss’s unopposed demurrer to Complaint is SUSTAINED without leave to amend.

Moving party to give NOTICE.

Defendant Tim Foss demurs to the 1st and 2nd causes of action on the grounds that they fail to state facts sufficient to constitute causes of action, and are uncertain.

1st CAUSE OF ACTION

WRONGFUL TERMINATION: Supervisors cannot be held personally liable for wrongful termination relating to personnel management decisions, including claims for wrongful termination in violation of public policy. (Reno v. Baird(1998) 18 Cal.4th 640, 663.) Such decisions are “an inherent and unavoidable part of the supervisory function.” (Id. at 645-646.)

Par. 8 alleges that Plaintiff was hired by Oil Well Service Co. as a “rig hand.” Par. 3 alleges that Foss is an individual and President of the company. It appears that Foss is being improperly joined because he is the President of the company. Accordingly, demurrer is SUSTAINED without leave to amend. Plaintiff failed to file any opposition stating grounds warranting leave to amend.

2nd CAUSE OF ACTION

LIBEL: Libel is a written or published communication of a false statement to a third party that damages the plaintiff’s reputation and good standing. (CC § 45.) The statute of limitations for a libel claim is one year. (CC § 340(c).)

The complaint fails to allege that Foss published any writing or communication about Plaintiff that was false.

Further, the latest date identified in the Complaint is 4/16/18, the day that Foss told Plaintiff that Plaintiff was fired. (Complaint, ¶18). The instant Complaint, filed on 4/19/19, is barred by the one-year statute of limitations.

Accordingly, demurrer is SUSTAINED without leave to amend. Plaintiff failed to file any opposition stating grounds warranting leave to amend.