Agosta

Agosta v. Astor

Good Law
120 Cal. App. 4th 596·15 Cal. Rptr. 3d 565·2004 Cal. App. LEXIS 1098·2004 Daily Journal DAR 8407·21 I.E.R. Cas. (BNA) 1151
Court of Appeal of CaliforniaJuly 12, 2004D042200California4,034 words

Opinion

Opinion

McCONNELL, J.

The principal issue in this case is whether an employer who induces an employee to enter into an employment contract by intentionally promising compensation terms the employer never intended to honor may, as a matter of law, avoid tort liability for fraudulent inducement of contract because the contract contains an “at-will” provision that allows the employer to fire the employee at any time for any reason. The answer is, of course, no. Accordingly, we reverse, with directions, a judgment for defendants N. Arthur Astor, Astor Broadcast Group, North County Broadcasting Corporation, Orange Broadcasting Corporation and Susan Burke (collectively Astor when appropriate) entered after the court granted their motion for summary adjudication.

FACTUAL AND PROCEDURAL BACKGROUND

Astor owns and operates radio stations KMXN in Orange County and KFSD in San Diego. Astor intended to change the format of the stations, and he hired Lee Weiman as the director of sales and authorized him to hire a sales team. Weiman had worked with plaintiff Len Agosta, and he introduced Agosta, then an account executive for Clear Channel Communications (Clear Channel), to Astor.

Agosta and Astor had a…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.