DEMURRER to Amended COMPLAINT
SF Superior Court - Law & Motion / Discovery Dept 302 - CGC24620476 - September 10, 2025 Hearing date: September 10, 2025 Case number: CGC24620476 Case title: MATTHEW LUCCHESE VS. KONE INC. ET AL Case Number: | | CGC24620476 | Case Title: | | MATTHEW LUCCHESE VS. KONE INC. ET AL | Court Date: | | 2025-09-10 09:00 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | On the Law & Motion/Discovery calendar for September 10, 2025, line 7. DEFENDANT KONE INC.'S DEMURRER to Amended COMPLAINT.
Defendant KONE, Inc.'s Demurrer to Plaintiff Matthew Lucchese's Second Amended Complaint is OVERRULED. Defendant's demurrer is based on Code of Civil Procedure sections 430.10(e).
The issue under section 430.10(e) is, taking the facts properly pleaded and properly noticed as true, does the challenged cause of action necessarily fail to state a cause for relief. (Code of Civil Procedure section 430.10(e); Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) In assessing whether the complaint states a cause of action, the court accepts all properly pleaded material facts, but not contentions, deductions, or conclusions of fact or law. (Minton v. Dignity Health (2019), 39 Cal.App.5th 1155, 1161.) "[I]f, on consideration of all facts stated, it appears that plaintiff is entitled to any relief against defendant, the complaint will be held good, though facts may not be clearly stated, or may be intermingled with a statement of other facts irrelevant to cause of action shown, or though plaintiff may demand relief to which he is not entitled under facts alleged." (Augustine v.
Trucco (1954) 124 Cal.App.2d 229, 236, quoting Matteson v. Wagoner (1905) 147 Cal. 739, 742.) The court liberally construes the complaint per Code of Civil Procedure section 452.
Defendant contends Plaintiff's sixth cause of action for intentional infliction of emotional distress necessarily fails because Plaintiff has alleged no facts demonstrating extreme and outrageous conduct by Defendant or any agent. Not so. Plaintiff alleges Defendant and its agents retaliated against him for filing Worker's Compensation claims, CRD claims and safety reports; retaliation including demotions, pay cuts, removal from the workplace and, ultimately, termination. (See SAC pars. 28-32, 39-40, 41-47, 51-58.) A reasonable tire of fact could find such conduct extreme and outrageous.
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