Mouchette

The Board of Education (Board), Oakland Unified School District (School District or District) and James Norwood (appellants) appeal from a judgment in favor of George Mouchette (respondent) in this wrongful termination action. Appellants contend: (1) that there is insufficient evidence to support the verdict; (2) that the trial court committed evidentiary and instructional errors; (3) that Mouchette’s claim for tortious breach of the covenant of good faith and fair dealing is precluded by Foley v. Interactive Data Corp. (1988) 47 Cal.3d 654 [ 254 Cal.Rptr. 211 , 765 P.2d 373 ]; (4) that Norwood was immune from liability under Government Code section 820.2 and that his conduct was privileged under Civil Code section 47, subdivision 2; and (5) that the emotional distress damages awarded were excessive. Mouchette has cross-appealed the trial court’s order denying his motion for attorney fees. We affirm.

Facts

Mouchette was employed by the Board for 17 years. He was hired by the Board in 1968 as the administrator of employee benefits. At the time of his termination, he was the coordinator of risk and insurance programs and he was responsible for insurance, risk management…