Shapiro

Shapiro v. Wells Fargo Realty Advisors

Bad Law
152 Cal. App. 3d 467·1984 Cal. App. LEXIS 1679·199 Cal. Rptr. 613·1 I.E.R. Cas. (BNA) 1803·119 L.R.R.M. (BNA) 2520
Court of Appeal of CaliforniaFebruary 28, 1984Civ. 70061California4,969 words

Opinion

Opinion

Arabian, J.

Plaintiff and appellant, Steven Shapiro (Shapiro), appeals from an order dismissing his first amended complaint against defendant and respondent, Wells Fargo Realty Advisors (Wells Fargo), after Wells Fargo’s demurrer was sustained as to all causes of action and, at Shapiro’s request, was sustained without leave to amend. We affirm the dismissal.

Facts

Shapiro was employed by Wells Fargo as its treasurer and vice president from March 1, 1978, until his discharge, approximately three and one-half years later, on September 25, 1981. Based on this termination, he filed a complaint against his former employer. When Wells Fargo filed its first demurrer, motion to strike, and request for judicial notice, Shapiro voluntarily amended his complaint. The first amended complaint, filed on December 29, 1982, contains three causes of action.

In his first cause of action Shapiro alleges that Wells Fargo breached an implied-in-fact contract by refusing to allow him to continue his employment, even though he was performing satisfactorily. Shapiro alleges that he was advised, orally by supervisors and in writing through benefit brochures, that he would have an opportunity to achieve…

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