Jensen v. The Home Depot, Inc.

Rosa Jensen and Linda Kerr sued their former employer, The Home Depot, Inc., (Home Depot), and their former managers at Home Depot for disability discrimination, wrongful termination, and eight other related claims. Home Depot and the managers (collectively, defendants) demurred to the first amended complaint arguing misjoinder of Jensen and Kerr (collectively, plaintiffs). The trial court sustained the demurrer without leave to amend, and dismissed plaintiffs’ lawsuit with prejudice. Jensen contended on appeal the trial court erred by dismissing her lawsuit because the court could have ordered severance. “It is an abuse of the trial court’s discretion to sustain a demurrer without leave to amend if there is a reasonable possibility the plaintiff can amend the complaint to allege any cause of action.” At trial court, the Court of Appeal found plaintiffs made no showing as to how they would amend their complaint to fix the misjoinder issue. Accordingly, the trial court acted reasonably in sustaining the demurrer without leave to amend because plaintiffs failed to meet their burden. However, leave to amend may be requested for the first time on appeal; plaintiffs fixed the misjoinder issue by dismissing Kerr. Because the misjoinder issue has been fixed, the Court of Appeal ruled the case may proceed. The judgment of dismissal, as it pertains to Jensen, was reversed. The trial court was directed to enter an order vacating its order denying leave to amend as to the first through seventh causes of action, and enter an order granting leave to amend. The trial court was also directed to deem the first amended complaint to have been amended due to the dismissal of Kerr. View "Jensen v. The Home Depot, Inc." on Justia Law