DemurrerCal. Super. - 3rd Dist.June 10, 20211 DOWNEY BRAND LLP WILLIAM R. WARNE (Bar No. 141280) 2 bwarne@downeybrand.com CASSANDRA M. FERRANNINI (Bar No. 204277) 3 cferrannini@downeybrand.com SAMUEL A. MICON (Bar No. 322432) 4 smicon@downeybrand.com 621 Capitol Mall, 18th Floor 5 Sacramento, California 95814 Telephone: 916.444.1000 6 Facsimile: 916.444.2100 7 Attorneys for Defendants PALMER CAPITAL, INC. 8 and WILLIAM S. PALMER 9 10 11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF PLACER 13 RICHARD E. RYAN, a natural person, 14 15 V. Plaintiff, 16 PALMER CAPITAL, INC., a California corporation; WILLIAM S. PALMER, a 17 natural person; and DOES 1 through 10, inclusive, Defendants. Case No. S-CV-0046844 DEFENDANTS PALMER CAPITAL, INC., AND WILLIAMS. PALMERS' DEMURRER TO PLAINTIFF'S COMPLAINT Date: September 9, 2021 Time: 8:30 a.m. Dept.: 42 Action Filed: Trial Date: June 10, 2021 Not Set 18 19 20 21 Pursuant to Sections§ 430.10, et seq., of the California Code of Civil Procedure, 22 Defendants WILLIAM S. PALMER and PALMER CAPITAL, INC. ( collectively "Defendants") 23 hereby jointly and severally demur to the Complaint filed by Plaintiff CAL VIN MARR on the 24 following grounds: DEMURRER TO FIFTH CAUSE OF ACTION 25 26 Plaintiffs fifth cause of action for "unlawful failure to reimburse expenses (violation of 27 labor code, section 2802)" fails to state facts sufficient to constitute a cause of action against both 28 Defendants. (Cal. Code Civ. Proc.§ 430.l0(e).) 1744752vl DEMURRER TO COMPLAINT 1 2 DEMURRER TO SIXTH CAUSE OF ACTION Plaintiff's sixth cause of action for ''unlawful and wrongful discharge in violation of public 3 policy" fails to state facts sufficient to constitute a cause of action against Defendant William 4 Palmer, who is not an employer. (Cal. Code Civ. Proc.§ 430.l0(e).) 5 6 DEMURRER TO SEVENTH CAUSE OF ACTION Plaintiff's seventh cause of action for "breach of implied covenenant [sic] of good faith 7 and fair dealing" fails to state facts sufficient to constitute a cause of action against both 8 Defendants because it contradicts an express, at-will employment contract. (Cal. Code Civ. Proc. § 9 430.l0(e).) 10 DEMURRER TO NINTH CAUSE OF ACTION 11 Plaintiff's ninth cause of action for "unjust enrichment" fails to state facts sufficient to 12 constitute a cause of action against both Defendants because no such "cause of action" is 13 recognized or alternatively because Ryan is subject to an express, at-will employment contract. 14 (Cal. Code Civ. Proc.§ 430.l0(e).) 15 16 17 18 19 20 21 WHEREFORE, Moving Parties pray that: 1. 2. 3. 4. The Demurrer be sustained without leave to amend; The court enter an order dismissing the cause of action with prejudice; Moving Parties be awarded the costs of this action; and The Court grant such other and further relief as the Court may deem proper 22 DA TED: August 5, 2021 23 DOWNEY BRAND LLP 24 25 26 27 28 1744752vl By: 2 Attorneys for Defendants PALMER CAPITAL, INC. and WILLIAMS. PALMER DEMURRER TO COMPLAINT
