Valdez v. Lennox Hearth Products
Jesus Valdez sued his former employer, respondent Lennox Hearth Products, bringing causes of action related to his employment and the termination of his employment. Lennox Hearth's motion for summary judgment was granted and judgment was entered in its favor. In B171364, we reversed that judgment, finding that there was a triable issue of fact on a single the cause of action, the cause of action for breach of contract. We noted that on appeal, but not in the trial court, Lennox Hearth argued that the cause of action was pre-empted by the federal Labor Management Relations Act. Court held that "Issues not raised in the trial court cannot be raised for the first time on appeal." (Sea & Sage Audubon Society, Inc. v. Planning Com. (1983) 34 Cal.3d 412, 417.) This question must be addressed to the trial court. The judgment is affirmed.
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