Procedural Posture

Procedural Posture

Defendant employers filed a motion for reconsideration of the judgment denying their motion to dismiss and/or for summary judgment of plaintiff former employees’ cause of action for misrepresentation to prospective employers of the terms, conditions, and manner of performance by plaintiffs of their employment with defendants. Defendants contended that the plaintiffs’ action was preempted by…

Overview

Overview

HOLDINGS: [1]-In a putative class action, plaintiff’s conversion claim failed because there was no legal basis for plaintiff’s setoff theory; [2]-Plaintiff did not assert that the specific sum at issue had been converted in a way that could be supported by California case law; [3]-The conversion claim was subject to dismissal without leave to amend…