Goonewardene

Goonewardene v. ADP, LLC

Good Law
2016 Cal. App. LEXIS 944·209 Cal. Rptr. 3d 722·5 Cal. App. 5th 154
Court of Appeal of CaliforniaNovember 4, 2016B267010California13,906 words

Opinion

Opinion

Manella, J.

In the underlying action, appellant Sharmalee Goonewardene’s fifth amended complaint asserted claims against respondents ADP, LLC, ADP Payroll Services, Inc., and AD Processing, LLC, for wrongful termination, violations of the Labor Code, and related causes of action, including breach of contract, negligent misrepresentation, and negligence. The trial court sustained respondents’ demurrers relating to the fifth amended complaint without leave to amend. Appellant contends the court abused its discretion in denying her leave to amend, arguing that her proposed sixth amended complaint states claims against respondents. We conclude that the proposed complaint states claims against respondents only for breach of contract, negligent misrepresentation, and negligence. We therefore affirm the trial court’s ruling in part, reverse it in part, and remand with instructions to permit appellant to file a complaint against respondents asserting those claims.

RELEVANT FACTUAL AND PROCEDURAL BACKGROUND

In April 2012, appellant commenced the underlying action. Her initial complaints named as defendants a California corporation and New York corporation bearing the same name—Altour…

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