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MANATT, PHELPS & PHILLIPS, LLP
BARRY S. LANDSBERG (Bar No. CA 117284)
[email protected]
HARVEY L. ROCHMAN (Bar No. CA 162751)
hrochman @manatt.com
COLIN M. MCGRATH (Bar No. CA 286882)
[email protected]
11355 West Olympic Boulevard
Los Angeles, CA 90064-1614
Telephone: (310) 312-4000
Facsimile: (310) 312-4224
Attomeys for Defendant
St. Joseph Health Northern California, LLC d/b/a St. Joseph Hospital -
Eureka
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF HUMBOLDT
OLIVER KNIGHT, Case No. DR190259
Plaintith, DEFENDANT ST. JOSEPH HOSPITAL —
EUREKA’S DEMURRER TO PLAINTIFF
ws OLIVER KNIGHT'S COMPLAINT
ST. JOSEPH HEALTH NORTHERN Concunently Filed With:
CALIFORNIA, LLC dib/a ST. JOSEPH (1) Request for Judicial Notice
HOSPITAL - EUREKA, 2) Declaration of Colin M. McGrath
Defendant. Date: September 27, 2019
Time: 10:30 a.m.
Courtroom: 4
DEFENDANT ST. JOSEPH HOSPITAL ~ EUREKA'S DEMURRER TO COMPLAINT 22
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‘TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE THAT on September 27, 2019, at 10:30 a.m., or as soon
thereafter as this matter may be heard in Coustroom 4 of the above-entitled Court, located at 825
Fifth Street, Eureka, California 95501, defendant St. Joseph Health Northern California, LLC
dfbfa St. Joseph Hospital ~ Eureka (“St Joseph”) will and hereby does demur to plaintiff Oliver
Knight's ("Knight") Complaint under California Code of Civil Procedure section 430.10,
subdivision (e), on the ground that the Complaint fails to state facts sufficient to constitute a cause
of action against St. Joseph.
‘The Demurrer will be based upon this Notice, the accompanying Demurrer and.
Memorandum of Points and Authorities, the concurrently filed Request for Judicial Notice, the
concurrently filed Declaration of Colin M. McGrath, the pleadings and papers on file in this
action, and any other evidence or argument the Court shall permit at the hearing on this matter.
Dated: July 12, 2019 MANATT, PHELPS & PHILLIPS, LLP
Barry S. Landsberg
Harvey L. Rochman
“(Ser
Barry S. Landsberg,
Attorneys for Defendant
ST. JOSEPH HEALTH NORTHERN,
CALIFORNIA, LLC D/B/A ST. J
HOSPITAL - EUREKA
PH
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DEFENDANT ST, JOSEPH HOSPITAL ~ EUREKA'S DEMURRER TO COMPLAINT 10
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DEMURRER
Defendant St. Joseph Health Northern California, LLC d/bfa St. Joseph Hospital - Eureka
(“St Joseph”) demurs to the Complaint filed by plaintiff Oliver Knight (“Knight”) as follows:
1. St Joseph demurs to the first cause of action for violations of the Unruh Civil
Rights Act, Civil Code § 51(b), on the following grounds:
(a) The Complaint does not state facts sufficient to state a cause of action
because the Complaint fails to allege any intentional act of discrimination by St. Joseph, as is
required to state a claim under the statute, See Harris v. Capital Growth Investors XIV, 52 Cal. 3d
1142, 1172.(1991),
(b) The Complaint does not state facts sufficient to state a cause of action
because the allegation that St. Joseph discriminated against him on the basis of his medical
condition of gender dysphoria is not actionable under the Unruh Act. See Civ. Code § 51(¢),
(©)(3); Gov't Code § 12926, subd. (i).
(©) The Complaint does not state facts sufficient to state a cause of action
because the Unruh Act cannot be enforced in a manner that would violate St. Joseph's
constitutional rights of free exercise of religion and freedom of expression.
() The Complaint does not state facts sufficient to state a cause of action
because the relief sought under the Unruh Act would excessively entangle the court in Catholic
religious doctrine und impermissibly intrude on matters of church governance. See Means v. U.S.
Conf. of Catholic Bishops, 2015 WL. 3970046, #12 (W.D. Mich, June 30, 2015), aff'd, 836 F.3d
643 (61h Cir. 2016),
2, St. Joseph demurs to the second cause of action for negligent infliction of
‘emotional distress on the ground that the cause of action-does not exist in California, as “[tJhere is
1no independent tort of negligent infliction of emotional distress.” Potter v. Firestone Tire &
Rubber Co., 6 CalAth 965, 984 (1993),
3. St. Joseph demurs to the third cause of action for intentional infliction of
emotional distress on the ground that the Complaint does not allege that St, Joseph engaged in
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DEFENDANT ST. JOSEPH HOSPITAL - EUREKA’S DEMURI
‘TO COMPLAINT
