Tentative ruling issued by Judge HAROLD E. KAHN on Feb. 22, 2016 in San Francisco County, CA - Case no: xxxxx035

DEMURRER TO COMPLAINT

Set for hearing on Monday, February 22, 2016, Line 9, DEFENDANTS KINK STUDIOS, LLC, CYBERNET ENTERTAINMENT, LLC, ARMORY STUDIOS, LLC, PETER ACWORTH AND SARA CORRIGAN'S DEMURRER TO COMPLAINT.

Defendants' demurrer is overruled in its entirety. Defendants' request for judicial notice is granted. Although plaintiff does not expressly allege that she was an independent contractor, nothing in the complaint or that is judicially noticeable establishes that she was an employee. The determination whether a person is an employee or independent contractor is done on a case by case basis involving the consideration of numerous factors. (S.G. Borello & Sons, Inc. v. State Dept. of Industrial Relations (1989) 48 Cal.3d. 341.) The
Cal-OSHA Appeals Board Decision does not establish that plaintiff was an employee in this particular case. Nor does plaintiff's workers' compensation claim establish that plaintiff was an employee. The status of the workers….....