What is the effect of a motion in limine seeking to dismiss all but one of appellant's remaining claims for emotional distress?

California, United States of America


The following excerpt is from Pichon v. Pacific Gas & Electric Co., 212 Cal.App.3d 488, 260 Cal.Rptr. 677 (Cal. App. 1989):

On the first day of trial, respondents filed a "motion in limine " seeking dismissal of appellant's remaining claims for "economic" damages. On the authority of Shoemaker v. Myers (1987) 204 Cal.App.3d 30, review granted August 26, 1987 (S001726), respondents contended that, in addition to providing the exclusive remedy for appellant's negligent and intentional infliction of emotional distress claims and any other damage claims for emotional distress, workers' compensation also provided the exclusive remedy for his "wrongful termination" causes of action. Respondents also argued that the release of "any and all claims" set forth in the workers' compensation compromise and release constituted a waiver of his causes of action based on the termination of his employment. The court held a hearing on the motion that same day and appellant appeared and [212 Cal.App.3d 494] argued the merits. The court granted the motion and judgment for respondents was entered on February 11, 1988.

Other Questions


What is the test for a claim for emotional distress arising from an incident in which a patient suffered severe emotional distress? (California, United States of America)
In a motion to dismiss one or both of appellant's prior strike convictions, can appellant appeal against the finding that the trial court abused its discretion in denying the motion? (California, United States of America)
In limine motions, does the appellant need to identify the body of evidence underlying the claim he seeks to raise on appeal? (California, United States of America)
What is the test for dismissing a motion to dismiss a motion for summary dismissal? (California, United States of America)
In a motion before the Superior Court of Justice to vacate a judgment against an appellant, what is the effect of the judgment against the appellant on the motion to withdraw his plea? (California, United States of America)
What is the difference between a motion of dismissal and a motion to dismiss for violation of the speedy trial right? (California, United States of America)
Does the statement of the tort itself, the intentional infliction of emotional distress, bring emotional distress within the ambit of the interests protected by the tort? (California, United States of America)
What is the burden of proof for a motion to dismiss a motion where the motion is to be heard at a different venue? (California, United States of America)
Is an appeal moot when, through no fault of the appellant, an event occurs which makes it impossible for the reviewing court to provide any effective relief to the appellant even when ruling in the appellant's favor? (California, United States of America)
In what circumstances will the Court of Appeal overturn a finding that emotional distress can be a cause of action for emotional distress? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.