Cruey

Appellant Daniel S. Cruey (Cruey) appeals dismissal of his case following entry of an order granting summary judgment of his complaint for wrongful termination from his position as general manager of the San Francisco market of his former employer, respondent Gannett Company, Inc., doing business as USA Today (Gannett), a newspaper publishing and distribution enterprise. Causes of action for libel and slander claims against Gannett and respondent Christine Lacy (Lacy), an employee formerly supervised by Cruey, were also summarily adjudicated. Cruey asserts that the trial court erred in finding that there were no triable issues of fact as to any cause of action.

I. Standard of Review

An appellate court reviewing a judgment of dismissal after an order granting summary judgment must review the record de novo to determine whether the moving party is entitled to summary judgment as a matter of law or whether there exist genuine issues of material facts. (Lee v. Crusader Ins. Co. (1996) 49 Cal.App.4th 1750, 1756 [ 57 Cal.Rptr.2d 550 ].)

Code of Civil Procedure section 437c, subdivision (o)(2), mandates a burden-shifting which requires defendant to show a complete defense to…