Burton

Burton v. Security Pacific Nat. Bank

Caution
197 Cal. App. 3d 972·243 Cal. Rptr. 277
Court of Appeal of CaliforniaJanuary 19, 1988B023677California2,377 words

Opinion

Opinion

ASHBY, Acting P.J. —

Plaintiff and appellant Donald Burton (appellant) filed a complaint against defendant and respondent Security Pacific National Bank (respondent), a California banking corporation, alleging that respondent wrongfully discharged him from employment. Appellant alleged breach of oral contract, wrongful discharge, fraud, and negligent misrepresentation. [1] Respondent answered and thereafter the parties engaged in discovery. Respondent brought a motion for summary judgment or in the alternative a motion for summary adjudication of issues. The court granted respondent's motion and entered summary judgment in favor of respondent finding that appellant had not raised triable issues of material fact. On appeal, appellant maintains that he raised issues of material fact. We affirm the trial court's ruling.

Appellant was hired by respondent for an indefinite period of time pursuant to an oral agreement as an account reconcilement clerk. He began working on May 9, 1981. Approximately 22 months later, he was given a written reprimand for excessive absenteeism. Appellant alleged that respondent failed to give him oral warnings prior to the written reprimand as…

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