Tentative ruling in department 31 on May. 04, 2022 in Los Angeles County, CA - Case no: xxxxx399

Case Number: 21STCV37399 Hearing Date: May 4, 2022 Dept: 31 DEMURRER IS SUSTAINED IN PART

Background

On October 12, 2021, Plaintiff William Hatcher (Plaintiff) commenced this action against Defendants City of El Segundo and El Segundo Fire Department for (1) age discrimination, (2) physical disability discrimination, and (3) failure to accommodate physical disability.

Defendant City of El Segundo (Defendant) now demurs to each cause of action.

Legal Standard

A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.)….....