Khajavi

Introduction

Shortly after plaintiff Nosrat Khajavi (Khajavi), an anesthesiologist, and defendant Robert Del Pero, a surgeon, engaged in an altercation over the wisdom of proceeding with a particular surgery, defendant Feather River Anesthesia Medical Group (Feather River) terminated Khajavi’s employment. At trial, the court nonsuited Khajavi’s claims that defendants Feather River and Robert Del Pero had discharged him, and conspired to discharge him, in violation of public policy—that is, in retaliation for advocating “medically appropriate health care” in violation of Business and Professions Code section 2056. The jury determined, however, that Feather River had breached its oral employment agreement with Khajavi and awarded him $26,069.80.

Both sides have appealed. Khajavi contends that the trial court erred in granting a nonsuit on his conspiracy and wrongful discharge claims and by denying his postjudgment request for attorney fees based on his successful breach of contract claim. For its part, Feather River contends that the trial court committed instructional error in connection with Khajavi’s claim for breach of contract.

We conclude that the trial court erred…