Salgado
Salgado v. Modern Meat CA4/2
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…