Overruled. Defendants are to file their Answer within 20 days of the date of this order. The Court continued hearing on this motion three times in light of Defendants’ failure to file a declaration in accordance with CCP § 430.41(a)(3). On 8-12-19, Defendants’ counsel filed a declaration detailing the parties meet and confer discussion. Counsel indicates that the only remaining issue left for judicial intervention is with respect to the Ninth Cause of Action for wrongful constructive termination in violation of public policy. The Ninth Cause of Action is not uncertain and it is sufficiently pleaded. The cause of action for wrongful termination in violation of public policy is an exception to the general rule that an employer has an unfettered right to terminate an at-will employee. (Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317, 335; Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167, 169-170).) A plaintiff must demonstrate: (1) an employer-employee relationship; (2) the termi
Hearing Date
August 20, 2019
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Overruled. Defendants are to file their Answer within 20 days of the date of this order. The Court continued hearing on this motion three times in light of Defendants’ failure to file a declaration in accordance with CCP § 430.41(a)(3). On 8-12-19, Defendants’ counsel filed a declaration detailing the parties meet and confer discussion. Counsel indicates that the only remaining issue left for judicial intervention is with respect to the Ninth Cause of Action for wrongful constructive termination in violation of public policy. The Ninth Cause of Action is not uncertain and it is sufficiently pleaded. The cause of action for wrongful termination in violation of public policy is an exception to the general rule that an employer has an unfettered right to terminate an at-will employee. (Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317, 335; Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167, 169-170).) A plaintiff must demonstrate: (1) an employer-employee relationship; (2) the termi