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Sunday, June 8, 2025

Unsigned Contract Cannot Form Basis For Summary Judgment - California Employment Law Update

Myranda De la Cruz tripped on a pothole in a Mission Hills shopping center parking lot. There was an exculpatory clause in a contract between De la Cruz’s employer (a tenant in the shopping center) and the shopping center that relieved the shopping center of any liability for negligent or wrongful acts. De la Cruz was neither a party nor signatory to the contract, which formed the basis for the shopping center’s successful motion for summary judgment. In a remarkably concise four-paragraph opinion from Justice John Shepard Wiley Jr., the Court of Appeal reversed the trial court, holding that the shopping center had not established that De la Cruz was bound by a contract she did not sign — even though De la Cruz apparently failed to make that argument before the trial court.



Read Full Story: https://news.google.com/rss/articles/CBMirwFBVV95cUxPQXEtSVNpOU4zYmdzQ09VMjNG...