LeMieux v. K&M Meat Co. CA2/1
Plaintiff and appellant Crystal LeMieux appeals from a judgment following a successful defense motion under Code of Civil Procedure section 631.8. LeMieux has been an employee of defendant and respondent K&M Meat Company (K&M) since 1992. Her claims are based on an alleged written employment agreement that she entered into in 1992 when she first started working at K&M. The case proceeded to trial on the understanding that the agreement was described in a letter from LeMieux dated July 17, 1992, that was countersigned by Felix Goldberg, the owner of K&M, that same day. During trial, it emerged that this agreement had been superseded by a later version of the July 17 letter, containing a different compensation term, that Goldberg had executed four days later. The trial court denied LeMieux’s motion to amend her complaint to incorporate the new agreement and, finding that the case had proceeded on the basis of a contract that was no longer operative, granted K&M’s motion for judg
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