Demurrer

Cal. Super. - 3rd Dist.June 10, 2021

1 DOWNEY BRAND LLP WILLIAMR. WARNE(BarNo.141280) 2 bwame@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. RY AN, a natural person, 14 15 V. Plaintiff, 16 PALMER CAP IT AL, 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 FIRST AMENDED COMPLAINT Date: Time: Dept.: January 13, 2022 8:30 a.m. 42 Action Filed: June 10, 2021 October 29, 2021 Not Set FAC Filed: Trial Date: 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 CAP IT AL, INC. ( collectively "Defendants") 23 hereby jointly and severally demur to the First Amended Complaint filed by Plaintiff CAL VIN 24 MARR on the following grounds: 25 26 DEMURRER TO SIXTH CAUSE OF ACTION Plaintiffs sixth cause of action for "unlawful and wrongful discharge in violation of public 27 policy" fails to state facts sufficient to constitute a cause of action against Defendant William 28 Palmer, who is not an employer. (Cal. Code Civ. Proc.§ 430.IO(e).) 1766246v] DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT ,::... ...:i ...:i Ci z ~ ~ ~ >, i;.il z ~ 0 Ci 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 DATED: December 3, 2021 DOWNEY BRAND LLP 1766246vl By: 2 Attorneys for Defendants PALMER CAPITAL, INC. and WILLIAMS. PALMER DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT 1 2 3 4 5 6 7 8 9 10 11 12 0... ~ ~ 13 Q z 14 < ~ i::Q 15 :>< ~ z 16 ~ 0 Q 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Richard E. Ryan v. Palmer Capital, Inc., et al. Placer County Superior Court Case No. S-CV-0046844 STATE OF CALIFORNIA, COUNTY OF SACRAMENTO At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Sacramento, State of California. My business address is 621 Capitol Mall, 18th Floor, Sacramento, CA 95814. On December 3, 2021, I served true copies of the following document(s) described as DEFENDANTS PALMER CAPITAL, INC., AND WILLIAMS. PALMERS' DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT on the interested parties in this action as follows: KDHLAW Kurt D. Hendrickson Chase A. Meister 2101 Stone Boulevard, Suite 115 West Sacramento, CA 95691 Telephone: (916) 993-5226 Emails: Kurt@KDHendrickson.com Chase@KDHendrickson.com Attorneys for Plaintiff RICHARD E. RYAN BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with the practice of Downey Brand LLP for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The envelope was placed in the mail at Sacramento, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on December 3, 2021, at Sacramento, California. 1766246vl PROOF OF SERVICE