Branch

Homefed Bank, formerly Home Federal Savings and Loan Association (Bank) appeals from a judgment, entered on special verdicts, in favor of W. Andrew Branch (employee). The jury found in favor of employee on his cause of action against Bank for negligent misrepresentation, and awarded economic damages of $45,163 and emotional distress damages of $60,000.

Bank raises numerous contentions, which essentially resolve into three claims: (1) the judgment was unsupported by the evidence; (2) the judgment is barred by the ruling in Foley v. Interactive Data Corp. (1988) 47 Cal.3d 654 [ 254 Cal.Rptr. 211 , 765 P.2d 373 ]; and (3) the award of emotional distress damages was error.

I. Factual Background

The evidence, viewed in the light most favorable to the prevailing party, reflects that employee was induced to leave his former employment and accept a job with Bank based on representations by Mr. Nichols, an officer of Bank, regarding the economic benefits employee would reap if he accepted Bank’s employment offer. During their initial meeting, Nichols told employee that employee would receive a “signing bonus” of $5,000; Bank would pay medical benefits; and employee’s earnings…