Hon

Hon v. Marshall

Good Law
1997 Cal. App. LEXIS 181·53 Cal. App. 2d 470·53 Cal. App. 4th 470·62 Cal. Rptr. 2d 11·97 Daily Journal DAR 3455
Court of Appeal of CaliforniaMarch 10, 1997B088602California3,562 words

Opinion

Opinion

Brandlin, J.

Plaintiff Juanita Hon appeals from that portion of the judgment awarding attorney fees in the amount of $12,000 to defendants John Marshall, M.D., and Michael Barry as the prevailing parties under Government Code section 12965 (section 12965). She contends the trial court erred in making the award. We agree and remand for further proceedings.

Facts

The underlying facts are uncontroverted. On May 28,1993, appellant filed suit against her employer, Lifeblood Trust, which had terminated her employment on February 2, 1993, and respondents, who, according to appellant’s complaint, were employed as administrators by Lifeblood Trust and also served as its chief executive officers. Appellant’s complaint set forth causes of action for breach of implied contract, breach of the covenant of good faith and fair dealing, violation of Government Code section 12940 (the Fair Employment and Housing Act (FEHA)), wrongful interference with employment contract, intentional infliction of emotional distress and negligent infliction of emotional distress. Respondents were named in all causes of action except the first.

The complaint contained the usual allegations of agency and ratification…

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