Christopher J. Correia (Associate-Los Angeles, CA), Filomena Meyer (Of Counsel-Los Angeles, CA), and Victor M. Campos (Of Counsel-Los Angeles, CA) prevailed on a demurrer filed in the California Superior Court, Los Angeles County, securing dismissal of claims against Wilson Elser’s client, a public transportation entity. The plaintiff, who allegedly fell at the entity’s transportation depot and sustained serious injuries, asserted causes of action for nuisance, loss of consortium, and several government tort liabilities.

The plaintiff’s complaint surreptitiously avoided mentioning that he was an employee of the public entity and that the alleged fall occurred at his worksite. Christopher’s investigation uncovered a pending workers’ compensation claim arising from the incident. Because that claim placed the plaintiff’s lawsuit squarely within the workers’ compensation exclusivity doctrine, Wilson Elser filed a demurrer seeking dismissal. Filomena prepared the moving papers, motions, and reply briefs, and the court granted the firm’s request for judicial notice of the workers’ compensation claim. After oral argument, the court sustained the demurrer without leave to amend, dismissing the action.