Motion for Summary Judgment
Moving Party: Defendants DI Overnite LLC and Philip Nabal Responding Party: Plaintiff Jeffrey P. Thoreson
Ruling: Defendants’ motion for summary judgment is denied. Plaintiff’s and Defendants’ evidentiary objections are overruled.
First cause of action for breach of contract. “[T]he elements of a cause of action for breach of contract are (1) the existence of the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff.” (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) The Complaint alleges that Plaintiff and Defendant DI Overnite LLC entered into a written employment contract on June 13, 2014. This employment contract, which is the offer letter that was signed by Defendant’s president and by Plaintiff, offers Plaintiff employment as the “Executive Vice President of Operations and an authorized Finance officer of the Corporation.” (See Complaint, Ex. 1; SSUMF 2.)
Hearing Date
March 08, 2021
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Motion for Summary Judgment
Moving Party: Defendants DI Overnite LLC and Philip Nabal Responding Party: Plaintiff Jeffrey P. Thoreson
Ruling: Defendants’ motion for summary judgment is denied. Plaintiff’s and Defendants’ evidentiary objections are overruled.
First cause of action for breach of contract. “[T]he elements of a cause of action for breach of contract are (1) the existence of the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff.” (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) The Complaint alleges that Plaintiff and Defendant DI Overnite LLC entered into a written employment contract on June 13, 2014. This employment contract, which is the offer letter that was signed by Defendant’s president and by Plaintiff, offers Plaintiff employment as the “Executive Vice President of Operations and an authorized Finance officer of the Corporation.” (See Complaint, Ex. 1; SSUMF 2.)