Le Bel v. Nucal Foods CA3

BACKGROUND

The underlying facts and procedural history of the parties’ claims against each other are largely immaterial to our resolution of this appeal. It suffices to say that in connection with his former employment with the company, and while represented by counsel, Le Bel filed a complaint alleging multiple causes of action, including wrongful termination in violation of public policy. Nucal filed a cross-complaint that contained, inter alia, a cause of action for breach of contract, which alleged Le Bel violated his separation of employment agreement with the company by filing his lawsuit. In February 2024, Le Bel filed a document captioned “LE BEL’S SECOND AMENDED ANSWER TO CROSS-COMPLAINT . . . .” Nucal demurred to that pleading. A day before the May 2024 hearing on Nucal’s demurrer,1 Le Bel filed a second document captioned “LE BEL’S SECOND AMENDED ANSWER TO CROSS- COMPLAINT . . . .” Ultimately, the trial court sustained Nucal’s demurrer and granted Le Bel leave to amend, ordering him to “file a Third Amended Answer to the Cross- Complaint no later than 20 days” after notice of the ruling. The minute order reflecting this ruling refers only to the second amended answer…