Defendants? Demurrer to Complaint is sustained with 15 days leave to amend as to the 2nd, 7th and 9th causes of action, and is overruled as to the 1st, 3rd-6th and 8th causes of action.
Plaintiff alleges in paragraph 2 that he was the employee of all four defendants, and the court must accept that allegation as true on demurrer.? The 1st cause of action is sufficient based on Labor Code ?1102.5(b), as recently amended, superseding prior case law.? The 2nd cause of action fails to allege any facts as to ?discrimination?.? The 3rd, 4th and 5th causes of action are a little light on facts, but are sufficient to withstand demurrer.? Defendants may serve discovery to obtain further details.? The 6th cause of action is sufficient.? The 7th cause of action fails to allege the elements of a knowing and intentional violation, and injury to plaintiff.? The 8th cause of action is sufficient because other causes of action are sufficient.? The 9th cause of action is insufficient without an underlying damage claim that workers? compensation would have covered if plaintiff?s employers had been insured.
Moving parties are?ordered to give notice of the ruling?unless notice is waived.