Tyco Industries, Inc. v. Superior Court

Good Law
164 Cal. App. 3d 148·211 Cal. Rptr. 540
Court of Appeal of CaliforniaJanuary 28, 1985B006825California3,499 words

Opinion

Opinion

Sylvia T. Whitmore for Real Party in Interest.

Joseph Posner as Amicus Curiae on behalf of Real Party in Interest.

OPINION

KLEIN, P.J.

Tyco Industries, Inc. (Tyco), a corporation, petitioned this court for a writ of mandate seeking relief from the trial court's overruling of Tyco's demurrer to the causes of action pleaded by real party in interest Alan Richards (Richards).

Because Richards failed to state a cause of action for either violation of Labor Code section 970 (section 970) or wrongful discharge, the trial court abused its discretion in overruling Tyco's demurrer; therefore, we grant the petition for peremptory writ of mandate.

In December 1979, Richards was employed by Tyco, a toy manufacturer, as a sales representative for its Illinois territory based in Chicago.

In September 1980, Tyco proposed to Richards a relocation to California because Tyco was pleased with Richards' performance and was considering him for advancement. Tyco told Richards of company plans to convert from an independent-sales-representation form of doing business to factory-employed personnel, and if Richards would consider relocation, a promotion might be forthcoming.

In October 1981,…

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