Enterprise Recovery Systems v. Salmeron

State: Illinois

Court: 1st District Appellate

Docket No: 1-08-2936 Rel

Case Date: 03/31/2010

Preview:SECOND DIVISION MARCH 31, 2010

1-08-2936 ENTERPRISE RECOVERY SYSTEMS, INC., Plaintiff-Appellee, v. RHONDA SALMERON, Defendant-Appellant. ) ) ) ) ) ) ) ) ) Appeal from the Circuit Court of Cook County. No. 06 L 7643 Honorable Bill Taylor, Judge Presiding.

PRESIDING JUSTICE CUNNINGHAM delivered the opinion of the court: The defendant, Rhonda Salmeron (Salmeron), appeals from the entry of summary judgment for the plaintiff, Enterprise Recovery Systems, Incorporated (Enterprise), by the circuit court of Cook County. The circuit court awarded Enterprise $150,000 plus unspecified costs in Enterprise's lawsuit against Salmeron for fraud in the inducement and breach of her duty of loyalty to Enterprise, her former employer. On appeal, Salmeron asserts that the circuit court erred when, as a sanction for the repeated contumacious behavior of one of her lawyers, the court barred Salmeron from presenting any evidence supporting her defense or her counterclaim. Salmeron also contends that Enterprise's pleadings did not establish the elements for fraud in the inducement, and did not establish that Salmeron owed or breached a duty of loyalty to Enterprise. Finally, Salmeron contends that the circuit court erred in failing to grant her postjudgment "emergency motion" to vacate the judgment against her and dismiss the lawsuit, based on Salmeron's alleged immunity under section

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