Salgado

Salgado v. Modern Meat CA4/2

Good Law
Court of Appeal of CaliforniaJune 5, 2014E056030California1,955 words

Opinion

Opinion

DISCUSSION

We review de novo. Under Code of Civil Procedure section 437c, subdivision

(c), a motion for summary judgment may only be granted when, considering all of the

evidence set forth in the papers and all inferences reasonably deducible therefrom, it has

been demonstrated there is no triable issue as to any material fact. (Artiglio v. Corning

3 Inc. (1998) 18 Cal.4th 604, 612.) We first look to the pleadings and decide whether

Modern Meat has presented facts to negate an essential element of, or to establish a

defense to, each claim framed by the complaint. If so, we then determine whether

Salgado has demonstrated the existence of a triable, material issue of fact. (Quintilliani

v. Mannerino (1998) 62 Cal.App.4th 54, 59.)

“As a general rule, where the conditions for compensation exist, benefits under

the Workers’ Compensation Act provide the exclusive remedy against an employer for

injuries sustained in the course of employment. [Citations.] However, among the

exceptions to this general rule is the ‘power press’ exception stated in section

4558 . . . .” (Watters Associates v. Superior Court (1990) 218 Cal.App.3d 1322, 1324,

fn. omitted.) The purpose of that…

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