Gould

Gould v. Maryland Sound Industries, Inc.

Caution
1995 Cal. App. LEXIS 56·31 Cal. App. 4th 1137·37 Cal. Rptr. 2d 718·95 Daily Journal DAR 1173·95 Cal. Daily Op. Serv. 690
Court of Appeal of CaliforniaJanuary 25, 1995B081797California5,721 words

Opinion

Opinion

Johnson, J.

Plaintiff Gould brought this action against his former employer and two management-level employees after he was terminated as a sales representative. The trial court sustained demurrers to each cause of action and dismissed the complaint. We have concluded some of Gould’s allegations state causes of action while some do not. Therefore we reverse the judgment of dismissal and remand the case with directions.

Facts and Proceedings Below

In the discussion below we detail the facts alleged in Gould’s complaint. In summary, he alleges Maryland Sound Industries (MSI) discharged him from his employment as a sales representative in order to avoid paying him the commissions due to him and in retaliation for his informing MSI management the company was not paying overtime wages due certain of its employees. Gould also claims there was an oral understanding between him and MSI he would not be discharged except for cause and MSI breached this agreement and the covenant of good faith and fair dealing by terminating his employment for the reasons stated above. According to the complaint MSI has refused to pay Gould the commissions, other wages, and vacation pay he earned prior to his…

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