O'Shea

O'Shea v. General Telephone Co.

Good Law
193 Cal. App. 3d 1040·1987 Cal. App. LEXIS 1921·238 Cal. Rptr. 715
Court of Appeal of CaliforniaJuly 24, 1987B022005California3,528 words

Opinion

Opinion

Lui, J.

Patrick O’Shea appeals from the summary judgment granted in favor of his former employer, respondent General Telephone Company of California. Appellant’s lawsuit was based on statements made by respondent to the California Highway Patrol (CHP) about appellant when the CHP conducted a background employment investigation of appellant. The trial court found the communication to be absolutely privileged. We agree, and we affirm the summary judgment.

Procedural Background

In his first amended complaint, appellant alleged that the following statements were made about him by his former supervisors when they were contacted by Officer Berg of the CHP: (1) He was discharged because he violated company ethics. (2) He received his first five-day suspension approximately within sixty days of his termination. (3) He would argue with customers rather than turn the call over to a supervisor as company policy required. (4) One week after appellant returned to work he was in trouble and suspended again. (5) On the last occasion appellant took the customer’s phone number, had an argument with the customer, and called him at his home, stating in essence that appellant was going to sue the…

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