Jenkins

BACKGROUND

“Because this appeal arises from a dismissal following a demurrer, we rely on [the operative] complaint . . . for a summary of the factual background. We accept as true all properly pleaded allegations without concern for proof problems.” (Gordon v. Law Offices of Aguirre & Meyer (1999) 70 Cal.App.4th 972, 975, fn. 2.) Jenkins applied for the position of DOJ special agent. He passed a written exam in May 2015, passed a physical agility test in June 2015, and completed an oral interview in August 2015. Between September and October 2015, a background check and polygraph test were performed. In December 2015, Jenkins received a conditional job offer. In January 2016, he was evaluated by an occupational therapist. Subsequently, per DOJ’s instructions, Jenkins provided additional medical records. In March 2016, Dr. Hamel of the Department of Human Resources reviewed the foregoing records. She did not examine Jenkins in person and declined to consider an evaluation conducted by his

1 Jenkins filed the original complaint on July 26, 2022. CHP filed a demurrer thereto on January 5, 2023. Following a June 8, 2023 hearing, the superior court sustained the demurrer with leave…