Summers

Summers v. City of Cathedral City

Good Law

1990 Cal. App. LEXIS 1253·225 Cal. App. 3d 1047·275 Cal. Rptr. 594·90 Daily Journal DAR 13657·90 Cal. Daily Op. Serv. 8868

Court of Appeal of CaliforniaNovember 29, 1990E006933California13,020 words

Opinion

Hollenhorst, J.

Introduction

A former municipal employee brought an action for wrongful termination. After the trial court granted the motion of the City of Cathedral City (City) for summary judgment, the City moved for an award of sanctions pursuant to Code of Civil Procedure section 128.5. That motion was denied.

The employee (plaintiff) appeals from the judgment in favor of the City. The City cross-appeals from the denial of its motion for sanctions. The City also requests an award of damages pursuant to section 907, on the grounds that plaintiff’s appeal is frivolous.

We affirm the summary judgment, finding that each of the four principal arguments raised by the City is a complete legal defense to one or more of plaintiff’s four causes of action. We also affirm the order denying the City’s motion under section 128.5, finding that the record does not indicate that the trial court abused its discretion in failing to award sanctions. Finally, we impose sanctions against plaintiff’s counsel for prosecuting a frivolous appeal.

Factual and Procedural Background

The following facts are undisputed: Plaintiff was hired by the City in 1983, and by December of 1984 had risen to become the…

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Parties

SIDNEY E. SUMMERS
Plaintiff
CITY OF CATHEDRAL CITY
Defendant

Judges

Hollenhorst

Cites (43)

15 Cal. 3d 194
46 Cal. 3d 1092
67 Cal. App. 3d 997
47 Cal. 3d 654
181 Cal. App. 3d 1155
18 Cal. 3d 395
77 Cal. App. 3d 940
82 Cal. App. 3d 652
32 Cal. App. 3d 688
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136 Cal. App. 3d 116
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199 Cal. App. 3d 235
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214 Cal. App. 2d 1
173 Cal. App. 3d 437
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10 Cal. 3d 222
218 Cal. App. 3d 1043
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185 Cal. App. 3d 1170
193 Cal. App. 3d 1231
199 Cal. App. 3d 1
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202 Cal. App. 3d 725
200 Cal. App. 3d 1457
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201 Cal. App. 2d 36
31 Cal. 3d 527
33 Cal. 3d 727
2 Cal. 3d 557
81 Cal. App. 3d 978
172 Cal. App. 3d 392
78 Cal. App. 3d 661
178 Cal. App. 3d 668