Smallwood v. FremontSurgeryCenter Med. Clinic
Anna Marie Smallwood sued Fremont Surgery Center Medical Clinic, Inc.,[1] doing business as Washington Outpatient Surgery Center (the surgery center) after the surgery center terminated her employment. The surgery center filed a summary judgment/summary adjudication motion, which the trial court granted in part and denied in part. Subsequently, the surgery center filed another summary judgment motion against Smallwoods remaining claims for promissory estoppel, promissory fraud, and intentional concealment. The court granted this motion and dismissed Smallwoods complaint. On appeal, Smallwood contends that the lower court should not have considered the second summary judgment motion because this motion raised the same issues decided in the first motion and therefore the Code of Civil Procedure section 437c, subdivision (f)(2) barred the second motion.[2] Additionally, she maintains that the superior court erred when it granted summary judgment based on her being an at-will employee and a finding that the surgery center did not make any definite promise upon which she detrimentally relied. We are not persuaded by her arguments and affirm the lower courts judgment.
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