Steward

Steward v. Mercy Hospital

Caution
188 Cal. App. 3d 1290·1987 Cal. App. LEXIS 1321·233 Cal. Rptr. 881·1 I.E.R. Cas. (BNA) 1694
Court of Appeal of CaliforniaJanuary 26, 1987F005304California1,831 words

Opinion

Opinion

Martin, J.

Plaintiff, Catherine Steward, filed a complaint on November 30, 1983, against defendant, Mercy Hospital (Hospital), which alleged a cause of action for wrongful discharge, breach of the implied covenant of good faith, violations of Labor Code sections 1050, 1052 and 1054 and racial discrimination. The Hospital’s demurrer to the complaint was sustained with leave to amend.

Plaintiff filed a first amended complaint on April 16, 1984, which contained allegations of wrongful discharge, breach of implied covenant of good faith and violations of sections 1050, 1052 and 1054. Thereafter, a demurrer was sustained with leave to amend as to the first amended complaint.

On September 14, 1984, a second amended complaint was filed which set forth the same three causes of action as had appeared in the first amended complaint. General and special demurrers were filed against the second amended complaint. The special demurrer was sustained for uncertainty as to the first and third causes of action and was sustained generally as to the first and second causes of action, the court holding the allegations were barred by the statute of frauds. The demurrers were sustained without leave to…

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