Parada

I

Procedural and Factual Background

Plaintiff and appellant, Michael Parada (Parada), appeals from the dismissal of his second amended complaint after the trial court sustained defendant’s and respondent’s, City of Colton and Community Development Department of the City of Colton (Colton), demurrer to that complaint without leave to amend.

Parada filed an initial complaint against Colton and Jaime Aguilera (Aguilera) alleging, among other things, tortious wrongful termination of his employment (wrongful discharge) by Colton. Colton and Aguilera demurred to this complaint.

Parada then filed a first amended complaint for wrongful discharge and intentional infliction of emotional distress. Colton and Aguilera demurred to this first amended complaint. The court sustained the demurrer with leave to amend as to the cause of action for wrongful discharge. However, the court sustained the demurrer to the cause of action for intentional infliction of emotional distress without leave to amend.

Parada filed a second amended complaint (complaint) omitting Aguilera as a defendant. Colton demurred to this complaint and filed a motion to strike the portions of the complaint which…