Kirmse

Kirmse v. Hotel Nikko of San Francisco, Inc.

Bad Law
1996 Cal. App. LEXIS 1115·51 Cal. App. 4th 311·59 Cal. Rptr. 2d 96·96 Daily Journal DAR 14279·72 Fair Empl. Prac. Cas. (BNA) 760
Court of Appeal of CaliforniaNovember 27, 1996Docket Nos. A070572, A071366California4,149 words

Opinion

Opinion

Swager, J.

The plaintiff in an action for employment discrimination and wrongful discharge, W. Andrews Kirmse, appeals from a judgment dismissing his complaint against his former employer, Hotel Nikko of San Francisco, Inc. (hereafter Nikko S.F.), a California corporation, and its parent company, Japan Airlines Development Corporation, Ltd. (hereafter JALDC), a Japanese corporation. We affirm.

Procedural Background

In a first amended complaint filed in San Francisco Superior Court, Kirmse alleges four causes of action: (1) breach of contract, (2) employment discrimination on the basis of race and national origin in violation of the California Fair Employment and Housing Act (hereafter FEHA), (3) wrongful termination in violation of public policy, and (4) intentional interference with contractual relations. The first two causes of action name Nikko S.F. as defendant; the third names both Nikko S.F. and JALDC; and the fourth names JALDC alone.

The defendants, Nikko S.F. and JALDC, moved for summary adjudication of each cause of action on alternative grounds. In an order entered March 15, 1995, the trial court granted summary adjudication of each cause of action, specifically…

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