TR: DENY, except the unopposed motion for summary adjudication of strict liability – ultrahazardous activity.
INTRODUCTION
Defendant LBUSD moves for summary judgment, or in the alternative, summary adjudication of all causes of action. Defendant argues Williams’ premises liability, strict liability, assault, battery, public nuisance, intentional infliction of emotional distress, and negligent infliction of emotional distress claims fail because Williams cannot prove causation between her alleged exposure to arsenic at the Newcomb Academy School construction site, between June 1, 2016 and June 3, 2015, and any resulting injury. Williams’s retaliation claim fails because Defendant did not employ Williams. MWL’s breach of contract and breach of implied covenant of good faith and fair dealing fail because MWL cannot establish its performance of the underlying contract, excuse for nonperformance, or any unfair interference with MWL’s right to receive the benefits of the contract or result
Hearing Date
March 05, 2020
Type
Other Employment Complaint (General Jurisdiction)
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TR: DENY, except the unopposed motion for summary adjudication of strict liability – ultrahazardous activity.
INTRODUCTION
Defendant LBUSD moves for summary judgment, or in the alternative, summary adjudication of all causes of action. Defendant argues Williams’ premises liability, strict liability, assault, battery, public nuisance, intentional infliction of emotional distress, and negligent infliction of emotional distress claims fail because Williams cannot prove causation between her alleged exposure to arsenic at the Newcomb Academy School construction site, between June 1, 2016 and June 3, 2015, and any resulting injury. Williams’s retaliation claim fails because Defendant did not employ Williams. MWL’s breach of contract and breach of implied covenant of good faith and fair dealing fail because MWL cannot establish its performance of the underlying contract, excuse for nonperformance, or any unfair interference with MWL’s right to receive the benefits of the contract or result