Bagatti

Plaintiff Marilyn Bagatti appeals from the judgment of dismissal entered following the sustaining of a demurrer without leave to amend to her second amended complaint for damages allegedly caused by defendants’ failure to provide a reasonable accommodation for her disability as required by the California Fair Employment and Housing Act (FEHA). We shall conclude that, although some allegations in the complaint do not state a cause of action, other allegations do state a cause of action. We shall therefore affirm the judgment in part and reverse the judgment in part.

Plaintiff’s second amended complaint pleads in pertinent part as follows:

The trial court sustained defendants’ demurrer without leave to amend and entered judgment dismissing plaintiff’s complaint. Plaintiff timely filed a notice of appeal.

Discussion

I

Standard of Review

“On appeal from a judgment dismissing an action after sustaining a demurrer without leave to amend, the standard of review is well settled. The reviewing court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. [Citations.] The court does not, however, assume the…