Medix Ambulance Serv., Inc. v. Superior Court, 97 Cal. App. 4th 109 (2002)

Plaintiff alleged a claim for sexual harassment arising under the California Fair Employment and Housing Act (FEHA) as well as a common law cause of action for sexual harassment in violation of public policy. The trial court overruled the employer’s demurrer without holding a hearing. The Court of Appeal held that the trial court had erred in refusing to hear oral argument on the demurrer. The Court further held that plaintiff had failed to exhaust her administrative remedies under the FEHA when she did not identify two of the individual defendants in the administrative complaint she had filed with the Department of Fair Employment and Housing. Finally, the Court held that the trial court should have sustained the demurrer as to the common law claim for sexual harassment in violation of public policy, holding that no such claim exists under California law.