DEMURRER to Amended COMPLAINT
SF Superior Court - Law & Motion / Discovery Dept 301 - CGC26632073 - June 15, 2026 Hearing date: June 15, 2026 Case number: CGC26632073 Case title: JAMES TURNER VS. ESIS INSURANCE COMPANY Case Number: | | CGC26632073 | Case Title: | | JAMES TURNER VS. ESIS INSURANCE COMPANY | Court Date: | | 2026-06-15 09:00 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | On the Law & Motion/Discovery calendar for Monday, June 15, 2026, Line 8, 1. DEFENDANT ESIS, INC.'S DEMURRER TO AMENDED COMPLAINT.
The unopposed demurrer to the First Amended Complaint (FAC) is sustained with leave to amend. The issue on demurrer is, taking the facts properly pleaded and properly noticed as true, does the challenged cause of action necessarily fail to state a cause for relief. (See Blank v. Kirwan (1985) 39 Cal.3d 311, 318.)
In assessing whether the complaint states a cause of action, the court accepts all properly pleaded material facts, but not contentions, deductions, or conclusions of fact or law. (Minton v. Dignity Health (2019) 39 Cal.App.5th 1155, 1161.) "[I]f, on consideration of all facts stated, it appears that plaintiff is entitled to any relief against defendant, the complaint will be held good, though facts may not be clearly stated, or may be intermingled with a statement of other facts irrelevant to cause of action shown, or though plaintiff may demand relief to which he is not entitled under facts alleged." (Augustine v. Trucco (1954) 124 Cal.App.2d 229, 236, quoting Matteson v. Wagoner (1905) 147 Cal. 739, 742.) The court liberally construes the complaint per Code of Civil Procedure, Section 452.
Plaintiff James Turner's FAC seeks review of the handling of his workers compensation insurance claim, now managed by defendant ESIS Insurance Company. (FAC, p. 1.) Turner alleges that he was a whistleblower concerning Labor Code violations. (Id, p. 2.) He was assaulted by another GFS Secure Solutions employee. (Id., pp. 2-3.) He was wrongfully arrested, but the charges were later dropped. (Id., p. 3.) He had already submitted a resignation letter. (Id.) The court infers that he sought workers compensation. He alleges that there was a tolling agreement that indefinitely suspended statutes of limitations, but the workers compensation carrier, ESIS, refused to negotiate in good faith, did not attend WCAB hearings, and misled him into accepting a compromise and release. (Id., pp. 4-5.)
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As noted, the court accepts these facts as true. Nonetheless it sustains the demurrer with leave to amend. "Courts have . . . consistently held that injuries arising out of and in the course of the workers' compensation claims process fall within the scope of the exclusive remedy provisions because this process is tethered to a compensable injury. Indeed, every employee who suffers a workplace injury must go through the claims process in order to recover compensation. Thus, we have barred all claims based on "disputes over the delay or discontinuance of [workers' compensation] benefits" (Citation), including those claims seeking to recover economic or contractual damages caused by the mishandling of a workers' compensation claim." (Charles J. Vacanti, M.D., Inc. v. State Comp. Ins. Fund (2001) 24 Cal.4th 800, 815.)
Turner's claim here arises out of the alleged mishandling of a compensable injury. It is therefore subject to workers compensation exclusivity.
Turner has not opposed this demurrer, but by separate ex parte application he seeks leave to amend and file a second amended complaint. He does not attach his proposed complaint, although he does state that it contains RICO claims. There is a policy of liberality in granting leave to amend. The court grants leave to amend, but notes that if the amendment also concerns the mishandling of a workers compensation claim, it may be subject to demurrer on the same grounds unless Turner can identify an applicable exception to workers compensation exclusivity. Turner shall amend by July 15, 2026. (Part 1 of 2, tentative ruling continues in Part 2 of 2) | |