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Deborah C SERVINO
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October 4, 2019
Orange County, CA
Dec 06, 2019
Jan 11, 2019
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Defendants Craig Caringella, Christie Weber, James Caringella, and Kathy Caringella’s motion for judgment on the pleadings as to the causes of action alleged against them in Plaintiff Field Time Target & Training, LLC’s Complaint (first, second, third, fifth, sixth, and seventh causes of action) is granted with 15 days leave to amend. First Cause of Action for Breach of Contract The elements of breach of contract are (1) existence of a contract, (2) plaintiff’s performance or excuse from non-performance, (3) breach by defendant, and (4) damages. (First Commercial Mortgage Co. v. Reece (2001) 89 Cal.App.4th 731, 745.) For this cause of action, Plaintiff alleges that the Defendants’ employment contracts included conditions stated in the employee handbook, which itself included a prohibition against falsification of employment records, theft, unauthorized use of equipment, fighting, and the like. (Complaint, at ¶¶ 27-28.) Defendants object that the employ........
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