Defendants Rathsam, Edelbrock, and Zucker's demurrer to the FRAUD cause of action is SUSTAINED without leave to amend.
Defendants argue that a claim for fraud cannot arise from alleged wrongful termination. To support this contention, Defendant argues (1) that because public employment in California is held by contract, public employees-including Plaintiff-cannot state a cause of action for breach of contract or breach of implied covenant of good faith and fair dealing, and (2) because a public entity is liable for its acts or omissions only as provided by statute, a public employee-including Plaintiff-cannot maintain a claim for wrongful termination in violation of public policy, and (3) a Tameny claim cannot lie against an individual supervisor.
Turning to Defendant's third argument, in Miklosy v. Regents of University of California, the California Supreme Court stated that "the tort of wrongful termination in violation of public policy arises when an employer conditions employment
Hearing Date
April 11, 2019
Category
Civil - Unlimited
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Defendants Rathsam, Edelbrock, and Zucker's demurrer to the FRAUD cause of action is SUSTAINED without leave to amend.
Defendants argue that a claim for fraud cannot arise from alleged wrongful termination. To support this contention, Defendant argues (1) that because public employment in California is held by contract, public employees-including Plaintiff-cannot state a cause of action for breach of contract or breach of implied covenant of good faith and fair dealing, and (2) because a public entity is liable for its acts or omissions only as provided by statute, a public employee-including Plaintiff-cannot maintain a claim for wrongful termination in violation of public policy, and (3) a Tameny claim cannot lie against an individual supervisor.
Turning to Defendant's third argument, in Miklosy v. Regents of University of California, the California Supreme Court stated that "the tort of wrongful termination in violation of public policy arises when an employer conditions employment