Horn

Introduction

Appellant. Stanford Horn appeals from a judgment of the San Francisco Superior Court dismissing his action for age discrimination and breach of employment contract against respondent Cushman & Wakefield Western, Inc. (hereafter C&W) following the court’s grant of C&W’s motion for summary judgment. Horn contends the court erred in granting summary judgment. He argues: (1) the trial court erred in weighing the evidence; (2) Horn produced sufficient evidence which would have allowed a jury to infer the reasons given by C&W for his discharge were pretextual; and (3) the court erred in granting summary judgment on Horn’s causes of action for breach of implied contract and breach of the covenant of good faith and fair dealing arising out of his termination. We shall affirm the judgment.

Statement of the Case

On February 13, 1996, Horn filed a complaint based upon his alleged wrongful termination from C&W. The complaint sought damages for age discrimination in employment; breach of implied contract to terminate only for good cause; and breach of the covenant of good faith and fair dealing. Following discovery in the case, C&W moved for summary judgment. On June…