EMERY VS PROSPECT COMPANIES LLC

Case No.: PSC1803995    

Demurrer sustained with 30 days leave to amend.

This FAC for (1) breach of written employment contract, (2) whistleblower retaliation in violation of Labor Code § 1102.5, (3) violation of Labor Code §§ 6310 & 6311, (4) wrongful termination in violation of public policy, (5) breach of the covenant of good faith and fair dealing, (6) breach of oral contract, (7) violation of B&P Code § 17200, (8) fraud and (9) negligent misrepresentation arise out of Plaintiffs Jay and DeLora Emery’s sale of their assisted living facility to Defendants and Defendants’ subsequent wrongful termination of JAY as manager of the facility in order to avoid paying Plaintiffs the full purchase price. Essentially, Plaintiffs allege that the parties agreed to a sale price of $3.3m but that at Defendants’ suggestion ultimately structured the deal to lower the purchase price and to pay Jay more for acting as manager for 5 years with the intent to terminate Jay before paying the full sale price. P........