Case Name:   Angela Ficarra v. Rick Stanger, et al.

Case No.:       1-14-CV-270968

This action arises from plaintiff Angela Ficarra’s (“Ficarra”) alleged contraction of a sexually transmitted disease from defendant Rick Stanger (“Stanger”).  In addition to asserting several claims against Stanger, Ficarra asserts a claim for negligence against defendant Empire Electric Sales, Inc. (“Empire”), Stanger’s employer.

Currently at issue is Empire’s demurrer to Ficarra’s negligence claim on the ground that it fails to state a cause of action against Empire.  (Civ. Proc., § 430.010, subd. (e).)

The demurrer is SUSTAINED WITH 10 DAYS’ LEAVE TO AMEND.  Ficarra’s complaint is entirely vague concerning Empire’s connection to Ficarra and Stanger’s relationship.  (See Complaint, ¶¶ 3, 6, 9 [Stanger was an employee of Empire and “was in a position of power over Plaintiff, with a potential to abuse that power”; Stanger and Ficarra entered into “an intimate, personal business [sic] and sexual relationship”].)  The complaint fails to allege any facts that would show Empire owed Ficarra a duty or that Stanger acted as Empire’s agent in engaging in a sexual relationship with her.

In light of the foregoing, the currently-scheduled case management conference (1-27-15 at 3:45 p.m.) is CONTINUED to February 24, 2015 at 10:00 a.m. in Dept. 5.