Leibert

Leibert v. Transworld Systems, Inc.

Caution
1995 Cal. App. LEXIS 221·32 Cal. App. 4th 1693·39 Cal. Rptr. 2d 65·95 Daily Journal DAR 3176·70 Fair Empl. Prac. Cas. (BNA) 551
Court of Appeal of CaliforniaMarch 9, 1995A064401California4,723 words

Opinion

Opinion

Haerle, J.

I. Introduction

Appellant brought a civil action against respondent, his former employer, in which he based various causes of action on the allegation that respondent harassed and terminated him on the basis of his sexual orientation. In response to numerous pretrial motions, the trial court dismissed all of appellant’s causes of action. On appeal, appellant seeks reinstatement of four claims: (1) violation of Labor Code sections 1101, 1102, and 1102.1; (2) violation of the state constitutional right to privacy; (3) wrongful termination in violation of public policy; and (4) intentional infliction of emotional distress. We affirm the trial court rulings with respect to claims 1 and 2 and reverse with respect to claims 3 and 4.

II. Factual Background

Three of the four causes of action relevant to this appeal were decided on demurrer or judgment on the pleadings. For purposes of considering these claims, we accept all well-pleaded facts as true. (E.g., Livitsanos v. Superior Court (1992) 2 Cal.4th 744, 747 [ 7 Cal.Rptr.2d 808 , 828 P.2d 1195 ]; O’Neil v. General Security Corp. (1992) 4 Cal.App.4th 587, 594 , fh. 1 [ 5 Cal.Rptr.2d 712 ].) For reasons that will be…

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