Derr v. Kern County Fire Dept.
This is an appeal from a judgment of dismissal entered when the court sustained, without leave to amend, defendants’ demurrer to plaintiff’s fifth amended complaint. Upon review under the proper standards for demurrers and when properly construed in light of the earlier versions of the complaint, we conclude the first and third causes of action, for discrimination and retaliation, are fatally flawed. Plaintiff has, however, sufficiently stated a cause of action for harassment, and the trial court erred in sustaining the demurrer as to the second cause of action. Accordingly, we affirm in part and reverse in part.
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