Valenzuela

Raymond Valenzuela sued his employer the State of California (State) and his supervisor, Emil J. Heringer, for damages based on breach of covenant of good faith and fair dealing and intentional and negligent infliction of emotional distress. The court sustained demurrers without leave to amend. He appeals. We affirm.

A demurrer admits the truth of all the material allegations in the complaint. We state those allegations.

Valenzuela was a traffic officer employed with the California Highway Patrol. On October 13, 1982, after being subpoenaed, he testified for the plaintiff in a personal injury case involving a claimed dangerous condition of a San Diego County highway. Heringer, a highway patrol captain and Valenzuela’s superior, told Valenzuela his testimony jeopardized the county’s case and reprimanded him. Valenzuela reported these comments and reprimands to both the plaintiff’s attorney and to the judge. Fellow officers monitored Valenzuela’s trial testimony in other cases. Heringer continued his campaign of harassment. Valenzuela became agitated and depressed and could not work. Eventually, the State on January 4, 1984, forced Valenzuela to take disability retirement…