Jenkins

Jenkins v. Family Health Program

Good Law
1989 Cal. App. LEXIS 981·214 Cal. App. 3d 440·262 Cal. Rptr. 798·4 I.E.R. Cas. (BNA) 1404
Court of Appeal of CaliforniaSeptember 28, 1989B028623California2,970 words

Opinion

Opinion

Danielson, J.

Plaintiff and appellant Virginia Jenkins appeals from an order of dismissal entered after the trial court sustained without leave to amend the demurrer of defendant and respondent Family Health Program to the first four causes of action set forth in her first amended complaint for damages based on termination of her employment, and plaintiff voluntarily dismissed her fifth and final cause of action.

Facts

In her first cause of action for breach of contract, plaintiff alleged that on or about December 24, 1978, she and defendant entered into an oral contract for her employment by defendant as nurse practitioner “on a career basis until retirement age” for $32,000 per year, plus retirement, medical, vacation and other employment benefits. According to plaintiff, defendant represented that her employment would not be terminated “except for good, just, and legitimate cause or . . . reason.” Despite her performance of all obligations of her employment, she was suddenly and without warning terminated on or about February 23, 1984.

Plaintiff’s second cause of action was for intentional infliction of emotional distress; her third cause of action was for breach of the covenant…

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