FCS055842
Defendants’ Demurrer to Amended Petition/Complaint
TENTATIVE RULING
Labor Code §1102.5(b) bars retaliation by an employer, or anyone acting on behalf of
the employer, based on an employee’s disclosure of information that he or she
reasonably believes constitutes a violation by the employer of statute or regulation.
The disclosure can be of suspected unlawful activity of the employer, its employees, or
third parties with some relationship to that employer, such as a contractor doing
business with that employer. McVeigh v. Recology San Francisco (2013) 213
Cal.App.4th 443, 471.
In general, a demurrer must knock out an entire cause of action, or it should be
overruled. Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §§7:42.2 and
7:42.4, p.
Hearing Date
April 21, 2022
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FCS055842
Defendants’ Demurrer to Amended Petition/Complaint
TENTATIVE RULING
Labor Code §1102.5(b) bars retaliation by an employer, or anyone acting on behalf of
the employer, based on an employee’s disclosure of information that he or she
reasonably believes constitutes a violation by the employer of statute or regulation.
The disclosure can be of suspected unlawful activity of the employer, its employees, or
third parties with some relationship to that employer, such as a contractor doing
business with that employer. McVeigh v. Recology San Francisco (2013) 213
Cal.App.4th 443, 471.
In general, a demurrer must knock out an entire cause of action, or it should be
overruled. Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §§7:42.2 and
7:42.4, p.