Demurrer

Cal. Super. - 6th Dist.December 13, 2019

AWN \OOOQQLII 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ' 24 25 26 27 _ 28 1QCV360275 Santa Clara - Civil Electronically Filed by Superior Court of CA, Phillip G. Vermont, SBN 132035 county of Santa c|ara Dominique M. Jacques, SBN 290036 RANDICK o’DEA TOOLIATos 0n 1_/1 1/2021 10:22 AM VERMONT & SARGENT, LLP ReVIewed By: S. Vera 5000 Hopyard Road, Suite 225 Case #1 9CV360275 Pleasanton, California 94588 Envelope: 5612591 ' Telephone: (925) 460-3700 . Facsimile: (925) 460-0969 Attorneys for Defendant, ALL TEMPERATURE SERVICE AIR CONDITIONING INC, a California business organization SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA JEANNIE HUDSON, Case No.: 19CV360275 Plaintiff, Assigned t0 the Hon. Thang N. Barrett Dept. 2] NOTICE OF DEMURRER AND ALL TEMPERATURE SERVICE AIR DEMURRER T0 SECOND AMENDED CONDITIONING INC., a California COMPLAINT business organization; BLACK 4_27_21 CORPORATION; WHITE COMPANY; Date: and DOES 1 to 100, inclusive, and each of Time: 9:003"! them, Dept. -%1 Depti,‘ 9 Defendants. UNLIMITED JURISDICTION VS. Complaint Filed: December 13, 2019 First Amended Complaint Filed: July 24, 2020 Second Amended Complaint Filed: _ December 10, 2020 T0: PLAINTIFF JEANNIE HUDSON AND HER ATTORNEY OF RECORD: PLEASE TAKE NOTICE that on 4'27'21 at 9:00 a.m./p.m. in' 19 v Departmenth ofthe Santa Clara County Superior Court, located at 191 N. First Street, San Jose, CA 951 13, defendant A11 Temperature Service Air Conditioning Inc., a California . Vera NOTICE OF DEMURRER AND DEMURRER TO SECOND AMENDED COMPLAINT - CASE NO. l9CV360275 ' 491 l48.docx business organization, will demur to the Second Amended Complaint. This demurrer will be made on the grounds that each of Plaintiff s causes of action fails to constitute any cause of action and the pleading is uncertain. More specifically, Plaintiff s causes of action fail for the following reasons: 1. Plaintiff s First Cause of Action does not allege facts to support a claim of any violation of statutory family leave rights. 2. Plaintiff s Third Cause of Action does not allege facts to support a claim of violation of any civil right based on statutory family leave rights. 10 3. Plaintiff s Fourth Cause of Action does not allege facts to support a claim of violation of any interactive process regarding reasonable accommodations as Plaintiff has not shown she suffers from a "disability". 12 The Demurrer will be based on this Notice of Demurrer and Demurrer, the Request for 13 14 Judicial Notice filed herewith, the pleadings filed in this action, the Declaration of Philip G. Vermont and upon such further evidence and argument as may be presented at the hearing of this 15 demurrer. 16 17 Date: January 11, 2021 RAN VEIL E OOLIATOS ENT, LLP 18 19 20 H1Yp G Vermont d 21 22 23 24 25 26 27 28 NOTICE OF DEMURRER AND DEMURRER TO SECOND AMENDED COMPLAINT - CASE NO. 19CV360275 4911dd.ddcx PROOF OF SERVICE I, Sue Betti, declare: I am employed in Alameda County, State of California, am over the age of eighteen years, and not a party to the within action. My business address is 5000 Hopyard Road, Suite 225, Pleasanton, California 94588. I am readily familiar with the business practice for collection and processing of correspondence for mailing with the United States Postal Service and/or other overnight delivery. Under overnight delivery practice, all mailings are deposited in an authorized area for pick-up by an authorized express service courier the same day it is collected and processed in the ordinary course of business. On the date set forth below, I served the within: 10 NOTICE OF DEMURRER AND DEMURRER TO SECOND AMENDED COMPLAINT on the parties in this action by placing a true copy thereof in a sealed envelope, and each envelope addressed as follows: John B. McMorrow, Esq. Law Offices of John B. McMorrow 39650 Liberty St., Suite 250 Fremont, CA 94538-2226 iohnQimcmorrowlawfirm.corn 12 13 14 15 16 17 18 19 20 Attorneysfor PlaintiffJeannie Hudson [X ] (By U.S. Mail) I caused each such envelope to be served by depositing same, with postage thereon fully prepaid, to be placed in the United States Postal Service in the ordinary course of business at Pleasanton, California. [X ] (By Electronic Service) The above-referenced document was served by electronically mailing a true and correct copy through Randick 04Dea Tooliatos Vermont & Sargent, LLP's electronic mail system, to the email addresses set forth as listed above, and in accordance with Federal Rules of Civil Procedure, Rule 5(b). (By E-SERVICE - through One-Legal)[x] I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on January 11, 2021, at Pleasanton, California. 21 22 Sue Betti 23 24 25 26 27 28 PROOF OF SERVICE 491149 docc