Davaris

Davaris v. Cubaleski

Good Law
12 Cal. App. 4th 1583·16 Cal. Rptr. 2d 330·1993 Cal. App. LEXIS 94·93 Daily Journal DAR 1521·58 Cal. Comp. Cases 65
Court of Appeal of CaliforniaFebruary 1, 1993B056296California2,572 words

Opinion

Opinion

Woods, J.

Wendy Davaris (appellant) appeals the dismissal of her wrongful termination action against Vasa Cubaleski (respondent) entered after the trial court sustained a demurrer without leave to amend.

We accept as true the allegations of appellant’s complaint. (Livitsanos v. Superior Court (1992) 2 Cal.4th 744, 747 [ 7 Cal.Rptr.2d 808 , 828 P.2d 1195 , A.L.R.4th 2575].)

Appellant went to work for respondent, the owner of Continental Culture Specialists, Inc., in 1981 as a bookkeepr at an annual salary of $19,125 a year. By 1988, appellant had risen through the ranks to the position of office manager, was earning over $66,000 a year and participating in the company’s profit-sharing plan. During her employment, appellant was repeatedly told by respondent that “Continental is your future,” and “if Continental makes money, so will you,” leading appellant to believe that her employment was of an indefinite duration and would not be terminated except for cause.

In September 1987, appellant informed respondent that she needed to have a hysterectomy and would require six months to recuperate. At respondent’s request, she postponed the operation for approximately six months. When she…

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