Silva
Silva v. Lucky Stores, Inc.
Opinion
Opinion
Thaxter, J.
John Silva (Silva) appeals from the judgment entered after the court granted summary judgment for his former employers, Lucky Stores, Inc. and American Stores Company (jointly, Lucky), on his wrongful termination action. The novel issue presented is whether Silva raised a triable issue of fact regarding Lucky’s decision to terminate his employment under the new standard set forth in Cotran v. Rollins Hudig Hall Internat., Inc. (1998) 17 Cal.4th 93 [ 69 Cal.Rptr.2d 900 , 948 P.2d 412 ], We will conclude he did not, and we will affirm the judgment.
Procedural History
Silva began working for Lucky in November 1966 as an entry level clerk. In 1974, after intervening promotions, Silva was made a store manager. He continued to work as a store manager until October 7, 1994, when two female employees reported that he had sexually harassed them. After a month-long investigation, Lucky’s review board concluded that Silva had violated the store’s sexual harassment policy and procedures and terminated his employment.
Silva sued Lucky for breach of an implied contract not to terminate except for good cause and breach of the implied covenant of good faith and fair dealing. Lucky…