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Demurrer to Amended COMPLAINT
Matter on the Law & Motion/Discovery Calendar for Tuesday July 1, 2025, line 1, 1 - DEFENDANT BOUTIQUE AIR, INC., A CALIFORNIA CORPORATION, OPEN TRIP INC. DBA BOUTIQUE AIR DEMURRER to Amended COMPLAINT
Boutique Air Inc.'s demurrer to plaintiff Fabian Phillip Cooke's cause of action for wrongful termination in violation of public policy is sustained with leave to amend. Cooke does not say what policy, implemented by whom, was violated by Boutique's decision to terminate him when he refused to return to work before testing negative for COVID after a purported exposure. The court disagrees with Boutique that the policy must be embodied in statute or a constitutional provision. (See Foley v. Interactive Data Corp. (1988) 47 Cal.3d 654, 669 [acknowledging split in courts of appeal and leaving the question open].) With respect to COVID, relevant policies were issued by federal, state, and local health authorities. But Cooke must plead what the policy is and how Boutique violated it; otherwise the complaint does not serve its notice function.
Order to show cause: In its minute order of June 5, 2025 concerning Boutique's demurrer, the court ordered Cooke as follows: "The court orders plaintiff to meet and confer in good faith concerning the issues defendant has identified and to file a declaration with the court by no later than five court days in advance of the continued hearing date describing his compliance with the cited statute." Cooke has not filed the declaration ordered by the court. The court therefore issues an order to show cause to Cooke why he should not be sanctioned in the amount of $1,000 for failing to follow the court's order to meet and confer about the demurrer. The OSC is set for hearing on August 5, 2025. Cooke may file an opposition to the OSC; any opposition is due five court days in advance of the hearing.
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