Fowler

Fowler v. Varian Associates, Inc.

Caution
196 Cal. App. 3d 34·241 Cal. Rptr. 539
Court of Appeal of CaliforniaNovember 9, 1987H002087California4,015 words

Opinion

Opinion

Appellant Harry L. Fowler, plaintiff below, sued his former employer, respondent Varian Associates, Inc. (Varian) for wrongful termination, breach of contract, and intentional infliction of emotional distress. The superior court granted Varian's motion for summary judgment on each of Fowler's causes of action. Fowler appeals from the judgment of dismissal. We affirm.

(1) Summary judgment is properly granted only when the evidence in support of the motion establishes that there is no triable issue of material fact and that the moving party is entitled to judgment as a matter of law. ( Isaacs v. Huntington Memorial Hospital (1985) 38 Cal.3d 112, 134 [ 211 Cal. Rptr. 356 , 695 P.2d 653 ]; Code Civ. Proc., § 437c, subd. (c).) Since a motion for summary judgment raises only questions of law regarding the construction and effect of the supporting and opposing papers, the appellate court independently reviews all of the papers, including the evidence presented in connection with the motion. ( AARTS Productions, Inc. v. Crocker National Bank (1986) 179 Cal. App.3d 1061, 1064 [ 225 Cal. Rptr. 203 ].) Doubts as to the propriety of summary judgment are resolved against…

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