Muller

Muller v. Automobile Club of So. California

Caution
1998 Cal. App. LEXIS 102·61 Cal. App. 4th 431·71 Cal. Rptr. 2d 573·98 Daily Journal DAR 1369·63 Cal. Comp. Cases 165
Court of Appeal of CaliforniaFebruary 9, 1998D024497California7,598 words

Opinion

Opinion

Haden, J.

In this wrongful termination action plaintiff Anne Muller sued her former employer, Automobile Club of Southern California (Auto Club), for harassment based on a mental disability and medical condition in violation of the Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.), breach of contract, breach of the implied covenant of good faith and fair dealing, and wrongful termination in violation of public policy. The court granted Auto Club’s motion for summary judgment on the ground California’s workers’ compensation scheme provides the sole remedy for all of Muller’s claims because they arose out of a work-related injury. We affirm on various other grounds.

Factual and Procedural Background

Muller was employed by Auto Club from October 1977 through February 1994. On April 26, 1993, while working as a claims adjuster at Auto Club’s Escondido district office, Muller informed an Auto Club insured that he would have to make two deductible payments on a claim for damage to his vehicle caused by more than one accident. The insured’s son, Mr. Williams, Jr. (Williams), became incensed by Muller’s interpretation of his father’s policy and made a series of angry…

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