Bustamante v. Teamone Employment Specialists, LLC

Full title: TERESA BUSTAMANTE, et al., Plaintiffs and Appellants, v. TEAMONE…

Court: California Court of Appeals, Second District, Fourth Division

Date published: Jun 6, 2011

No. B222136 (Cal. Ct. App. Jun. 6, 2011)

Opinion

TERESA BUSTAMANTE, et al., Plaintiffs and Appellants, v. TEAMONE EMPLOYMENT SPECIALISTS, LLC, Defendant and Respondent. B222136 California Court of Appeal, Second District, Fourth Division June 6, 2011

NOT TO BE PUBLISHED

Los Angeles County Super. Ct. No. BC383266

THE COURT: ^[*]

It is ordered that the opinion filed herein on May 17, 2011, be modified as follows:

1. On page 7, footnote 2, the word “Ordinarily” shall be added after the words “either of the other claims”.

2. On page 7, footnote 2, the words “would be” shall be added after the words “this argument”.

3. On page 7, footnote 2, the following words shall be added to the end of the footnote: “However, because Team One conceded in its summary judgment motion that the fifth cause of action was merely derivative of the other causes of action, we hold that plaintiff’s argument on appeal is sufficient to preserve the issue as to the fifth cause of action. The argument is not, however, sufficient to preserve the issue as to the fourth cause of action in the absence of Team One’s concession as to that claim.”

4. On page 8, first paragraph, the words “and fifth” shall be added between the words “second, ” and “causes of action”.

5. On page 22, the DISPOSITION shall be changed to: “The judgment is reversed as to the first, second, and fifth causes of action. Plaintiffs shall recover their costs on appeal.”

This modification changes the judgment.

Appellants’ petition for rehearing is denied.