Demurrer
2026CUOE061066: ROBERT O. ARANDA vs LIBERTY LIFT SOLUTIONS, LLC, A LIMITED LIABILITY COMPANY 06/24/2026 in Department 41 Demurrer
Below is the Court’s tentative decision with respect to the matter on calendar. The Court may adopt, modify, or change the tentative ruling after hearing. The tentative ruling has no legal effect unless and until adopted by the Court.
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2026CUOE061066: ROBERT O. ARANDA vs LIBERTY LIFT SOLUTIONS, LLC, A LIMITED LIABILITY COMPANY
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Tentative Decision:
The court intends to sustain the demurrer with leave to amend.
Defendant Liberty Lift Solutions, LLC’s Demurrer to Plaintiff’s Complaint is SUSTAINED WITH LEAVE TO AMEND as to the fourth cause of action for intentional infliction of emotional distress. (Code Civ. Proc., § 430.10, subd. (e).) Plaintiff has failed to plead facts showing that Defendant’s conduct was sufficiently outrageous so as to support a viable claim for intentional infliction of emotional distress. The allegations of discrimination and retaliation are insufficient to support such a cause of action as a matter of law. (Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493; and Janken v. GM Hughes Electronics (1996) 46 Cal.App.4th 55, 80.) Since it is possible Plaintiff could plead around this defect, leave to amend is granted.
Amended Complaint to be filed within 20 days.
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