Demurrer
Counsel has complied with the procedural requirements of California Rules of Court, rule 3.1362. The court finds good cause to grant the relief requested on the merits.
The order granting relief is effective upon filing of a proof of service of the signed order on the client.
Moving counsel shall give notice.
311 Rezvan vs. Los The demurrer filed by defendant Los Alamitos Alamitos Unified School District (Defendant) directed to the Unified School complaint of plaintiff Tommy Rezvan (Plaintiff) is District SUSTAINED with leave to file a first amended complaint by 6/29/26.
First Cause of Action for Wrongful Termination in Violation of Public Policy:
A claim for wrongful termination in violation of public policy cannot be properly pled against a public entity based on Government Code section 815 and the California Supreme Court’s holding in Miklosy v. Regents of the University of California (2008) 44 Cal.4th 876, 899-900. In the Opposition, Plaintiff fails to address the Miklosy case and instead cites to a case involving a private employer, Stevenson v. Superior Court (1997) 16 Cal.4th 880.
Second Cause of Action for Failure to Promote Due to Race, Color and Age:
The second cause of action fails to identify any statutory basis for imposing liability on Defendant. The demurrer on this ground is thus well-taken. (See Searcy v. Hemet Unified School Dist. (1986) 177 Cal.App.3d 792, 802.)
In addition, to the extent the second cause of action is based on a theory of breach of an implied employment agreement, it appears such claim
cannot be asserted against a public entity. (See Lachtman v. Regents of University of California (2007) 158 Cal.App.4th 187, 207
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The court continues the 6/8/26 CMC to 10/12/26 at 8:45am.
Defendant shall give notice.
312 Shorty vs. Vets The Demurrer filed on 2/17/26 by Defendant Mercy Move Junk, LLC House CHDO, INC. (Mercy), as to the Complaint filed on 12/12/25 by Plaintiff Taj Shorty (Plaintiff) is SUSTAINED with leave to file a first amended complaint by 6/29/26.
The allegations in the Complaint, as to Mercy, fall squarely within the scope of the Privette doctrine. When a person or organization hires an independent contractor, the hirer presumptively delegates to the contractor the responsibility to do the work safely. (Sandoval v. Qualcomm Incorporated (2021) 12 Cal.5th 256, 269.) This is so even where workers’ compensation is not available. (Id. at 270–271.)
The doctrine has two primary exceptions: where the hirer retains control over any part of the independent contractor's work and negligently exercises that retained control in a manner that affirmatively contributes to the injury, or knew, or should have known, of a concealed hazard on the property that the contractor did not know of and could not have reasonably discovered, and failed to warn the contractor of the hazard. (Ramirez v. PK I