Order Sustaining Demurrer To Plaintiff's Amended Complaint And
Dismissing Second And Third Causes Of Action, Including All Claims
Against Defendants Outmesguine And Elliott, With Prejudice
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Page 1 KCN
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Feb-17-2009 10:48 am
Case Number: CGC-08-481981
Filing Date: Feb-17-2009 10:44
Juke Box: 001 Image: 02403450
ORDER
CHERYL MERRILL VS. ANGELIQUE BREEDLOVE et al
001002403450
Instructions: .
Please place this sheet on top of the document to be scanned.Page 2 BR WwW wv
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Baker & McKenzie LLP
660 Hansen Way
Paic Aho, CA 94304
+1650 856.2406
Jennifer L. Field, State Bar No. 205190 F Hae Re ES
Jerry Salcido, State Bar No. 233282 San Francisco County Superior Court
BAKER & McKENZIE LLP
660 Hansen Way FEB 17 2009
Palo Alto, CA 94304-1044
Telephone: +1 650 856 2400 GORDON PARICLI, Clerk
Facsimile: +1 650 856 9299 BY: Marfa Shunde
a Heputy Clerk
Attorneys for Defendants
ANGELIQUE BREEDLOVE, DIANA
OUTMESGUINE, BETH ELLIOTT and
BAKER & McKENZIE LLP
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
LIMITED JURISDICTION
CHERYL MERRILL, Case No. CGC-08-481981
Plaintiff, [PROPOSED] ORDER SUSTAINING
DEMURRER TO PLAINTIFF’S
v. AMENDED COMPLAINT AND
DISMISSING SECOND AND THIRD
ANGELIQUE BREEDLOVE, DIANA CAUSES OF ACTION, INCLUDING
OUTMESGUINE, BETH ELLIOTT AND ALL CLAIMS AGAINST
BAKER & McKENZIE LLP, DEFENDANTS OUTMESGUINE AND
ELLIOTT, WITH PREJUDICE
Defendants.
Complaint Filed: November 18, 2008
Upon consideration of the Defendants AN' GELIQUE BREEDLOVE, DIANA
OUTMESQUINE, BETH ELLIOTT and BAKER & MCKENZIE LLP’s Demurrer to Plaintiff
CHERYL MERRILL’s (“Plaintiff”) Amended Complaint, and the papers filed in support of and in
opposition to said Demurrer; and good cause appearing, the Court orders as follows:
1. Defendants’ Demurrer to the Amended Complaint is GRANTED.
a. Workers’ Compensation is the exclusive remedy to the extent Plaintiff is
claiming personal injury. The Demurrer is therefore sustained without leave to amend as to
Defendants Outmesguine and Elliott as to the assault and intentional infliction of emotional distress
claims, each of which is in any case deficient for pleading lack of physical threat or outrageous
conduct. As these are the only claims against Defendants Outmesguine and Elliott, these Defendants
1
Case No CGC-08-481981
[PRGp.] ORD. SUSTAINING DEMURRER AND DISMISSING SECOND AND THIRD CAUSES OF ACTION, INCLUDING ALL CLAIMS AGAINST
DEFENDANTS OUTMESGUINE AND ELLIOTT, WITH PREJUDICE
PALDMS/382971.1Page 3 ™
1 || are hereby dismissed from this action with prejudice.
b. The fraud claim fails to plead justifiable reliance or loss caused by the alleged
3 | fraud. Defendants Demurrer is therefore sustained, with ten (10) days leave to amend to the extent
4 || plaintiff can plead those elements and some economic injury in good faith.
5 IT IS SO ORDERED.
6 | Datea: Feb ruary \ 7 ,2009 fkO A
4 JUDGE OF THE SUPERIOR COURT
PETER os BUSCH
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9 | APPROVED AS TO FORM. -
oy a MK .
10 | Dated: Fe lovers, __ (4, 2009 C a rE ns
Wl Cheryl Merrill
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14 CPL PLY Pl IF/
yo th lf vs Breed love
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Baker & Mekenzie LLP Case No CGC-08-481981
[PROP.] ORD. SUSTAINING DEMURRER AND DISMISSING SECOND AND THIRD CAUSES OF ACTION, INCLUDING ALL CLAIMS AGAINST
DEFENDANTS OUTMESGUINE AND ELLIOTT, WITH PREJUDICE
PALDMS/382971.1
PDF Page 1
PlainSite Cover Page
PDF Page 2
KCN
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Feb-17-2009 10:48 am
Case Number: CGC-08-481981
Filing Date: Feb-17-2009 10:44
Juke Box: 001 Image: 02403450
ORDER
CHERYL MERRILL VS. ANGELIQUE BREEDLOVE et al
001002403450
Instructions: .
Please place this sheet on top of the document to be scanned.
PDF Page 3
BR WwW wv
Oo CO DT A wr
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Baker & McKenzie LLP
660 Hansen Way
Paic Aho, CA 94304
+1650 856.2406
Jennifer L. Field, State Bar No. 205190 F Hae Re ES
Jerry Salcido, State Bar No. 233282 San Francisco County Superior Court
BAKER & McKENZIE LLP
660 Hansen Way FEB 17 2009
Palo Alto, CA 94304-1044
Telephone: +1 650 856 2400 GORDON PARICLI, Clerk
Facsimile: +1 650 856 9299 BY: Marfa Shunde
a Heputy Clerk
Attorneys for Defendants
ANGELIQUE BREEDLOVE, DIANA
OUTMESGUINE, BETH ELLIOTT and
BAKER & McKENZIE LLP
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
LIMITED JURISDICTION
CHERYL MERRILL, Case No. CGC-08-481981
Plaintiff, [PROPOSED] ORDER SUSTAINING
DEMURRER TO PLAINTIFF’S
v. AMENDED COMPLAINT AND
DISMISSING SECOND AND THIRD
ANGELIQUE BREEDLOVE, DIANA CAUSES OF ACTION, INCLUDING
OUTMESGUINE, BETH ELLIOTT AND ALL CLAIMS AGAINST
BAKER & McKENZIE LLP, DEFENDANTS OUTMESGUINE AND
ELLIOTT, WITH PREJUDICE
Defendants.
Complaint Filed: November 18, 2008
Upon consideration of the Defendants AN' GELIQUE BREEDLOVE, DIANA
OUTMESQUINE, BETH ELLIOTT and BAKER & MCKENZIE LLP’s Demurrer to Plaintiff
CHERYL MERRILL’s (“Plaintiff”) Amended Complaint, and the papers filed in support of and in
opposition to said Demurrer; and good cause appearing, the Court orders as follows:
1. Defendants’ Demurrer to the Amended Complaint is GRANTED.
a. Workers’ Compensation is the exclusive remedy to the extent Plaintiff is
claiming personal injury. The Demurrer is therefore sustained without leave to amend as to
Defendants Outmesguine and Elliott as to the assault and intentional infliction of emotional distress
claims, each of which is in any case deficient for pleading lack of physical threat or outrageous
conduct. As these are the only claims against Defendants Outmesguine and Elliott, these Defendants
1
Case No CGC-08-481981
[PRGp.] ORD. SUSTAINING DEMURRER AND DISMISSING SECOND AND THIRD CAUSES OF ACTION, INCLUDING ALL CLAIMS AGAINST
DEFENDANTS OUTMESGUINE AND ELLIOTT, WITH PREJUDICE
PALDMS/382971.1
PDF Page 4
™
1 || are hereby dismissed from this action with prejudice.
2 b. The fraud claim fails to plead justifiable reliance or loss caused by the alleged
3 | fraud. Defendants Demurrer is therefore sustained, with ten (10) days leave to amend to the extent
4 || plaintiff can plead those elements and some economic injury in good faith.
5 IT IS SO ORDERED.
6 | Datea: Feb ruary \ 7 ,2009 fkO A
4 JUDGE OF THE SUPERIOR COURT
PETER os BUSCH
8
9 | APPROVED AS TO FORM. -
oy a MK .
10 | Dated: Fe lovers, __ (4, 2009 C a rE ns
Wl Cheryl Merrill
12
13
14 CPL PLY Pl IF/
15 yo th lf vs Breed love
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Baker & Mekenzie LLP Case No CGC-08-481981
[PROP.] ORD. SUSTAINING DEMURRER AND DISMISSING SECOND AND THIRD CAUSES OF ACTION, INCLUDING ALL CLAIMS AGAINST
DEFENDANTS OUTMESGUINE AND ELLIOTT, WITH PREJUDICE
PALDMS/382971.1
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