Morales v. Falbo, Levy & Moresi CA4/3

Filed 4/25/16 Morales v. Falbo, Levy & Moresi CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

ROGELIO V. MORALES,

Plaintiff and Appellant, G051643

v. (Super. Ct. No. 30-2014-00736496)

LAUGHLIN, FALBO, LEVY & MORESI, OPINION LLP,

Defendant and Respondent.

Appeal from a judgment of the Superior Court of Orange County, Frederick Paul Horn, Judge. Affirmed. Rogelio V. Morales, in pro. per. Law Offices of Melissa M. Ballard and Hector E. Salitrero for Defendant and Respondent.

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This is an appeal from a judgment of dismissal after the court sustained a demurrer. Plaintiff alleges that defendant Janeth Arias (named defendant in complaint, but not a party to this appeal) slapped plaintiff in the face and later used her influence with plaintiff’s girlfriend to cause her to break up with plaintiff. Plaintiff sued not only Arias, but also her employer, defendant Laughlin, Falbo, Levy & Moresi (the Law Firm), alleging causes of action for assault and battery and intentional infliction of emotional distress. The court sustained a demurrer as to the Law Firm, finding the complaint did not state a cause of action against the Law Firm. Plaintiff appeals from the dismissal of the Law Firm. We affirm.

FACTS

Plaintiff made the following allegations in his second amended complaint. Arias is an associate attorney at the Law Firm. Plaintiff alleged he sent Arias a gift card for Christmas, to which she replied, via her social media account, “Thanks for the gift card. You shouldn’t have.” “And Merry Christmas.” About one month later, on January 22, 2014, plaintiff sent Arias an e-mail at her work address, threatening to file a restraining order against someone named Mireya, with whom plaintiff alleged he had a romantic relationship. Arias had previously represented Mireya in connection with an employment matter. The following “Sunday, January 26, 2014, at approximately 2:45 a.m., on the sidewalk abutting the property located at the corner of Gard Avenue and Elmhurst Drive in Norwalk, California, Defendant Janeth Arias entered the Plaintiff’s vehicle, without Plaintiff’s consent, using violent speed, surprise and aggression, attempted to strike the Plaintiff’s face with her right hand with violent force, thereby causing harm to Plaintiff.” “Immediately after the Plaintiff was placed in great apprehension of a harmful contact to his person, Defendant Janeth Arias physically slapped Plaintiff’s face and