(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.) Several California cases strongly encourage the Court to exercise its discretion liberally to permit amendments of the pleadings. Nestle v. Santa Monica (1972)…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.) PLAINTIFFS MAY RECOVER DISGORGEMENT OF PROFITS OR RESTITUTION UNDER BUSINESS AND PROFESSIONS CODE § 17200 Injunctions and restitutionary relief (disgorgement of money or…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.) E. DEFENDANTS’ DEMURRER MUST FAIL BECAUSE PLAINTIFFS’ HAVE SUFFICIENTLY STATED A CAUSE OF ACTION FOR VIOLATION OF BUSINESS AND PROFESSIONS CODE § 17200…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.) PLAINTIFF’S SEVENTH CAUSE OF ACTION FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS IS NOT BARRED In some exceptional circumstances a separate civil action may…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.) C. DEFENDANTS’ DEMURRER FAILS TO CITE TO THE CORRECT LAW PLAINTIFF HAS PLED A PRIMA FACIE CLAIM FOR RETALIATION AGAINST THE INDIVIDUAL DEFENDANT…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.) LEGAL ARGUMENT A. LEGAL STANDARD FOR DEMURRER The function of a demurrer is to test the sufficiency of a Plaintiffs pleadings by raising…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.) Plaintiff Gina Smith’s Opposition to Defendants’ Demurrer to Complaint. This Opposition is based on the accompanying Memorandum of Points and Authorities, the pleadings…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) FOURTH CAUSE OF ACTION (Wrongful Termination in Violation of Public Policy, by All PLAINTIFFS Against All Defendants) 48. PLAINTIFFS repeat and reallege the allegations contained in paragraphs 1 through 47, and…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) THIRD CAUSE OF ACTION (Unlawful Retaliation in Violation of Gov’t. Code §12900 et seq. By All PLAINTIFFS Against All Defendants) 39. PLAINTIFFS repeat and reallege the allegations contained in paragraphs 1…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.) SECOND CAUSE OF ACTION (Employment Discrimination on Account of Sex in Violation of Gov’t. Code §12900 et seq. By All PLAINTIFFS against all DEFENDANTS) 30. PLAINTIFFS repeat and reallege the allegations…