Cabesuela
Cabesuela v. Browning-Ferris Industries of California, Inc.
Opinion
Opinion
Mihara, J.
After the demurrer of defendants Browning-Ferris Industries of California, Inc. (Browning-Ferris) and Lynne Ashcraft (Ashcraft) to plaintiff Lupe Cabesuela’s first amended complaint was sustained, plaintiff’s action against defendants was dismissed. Plaintiff appeals from the ensuing judgment on the grounds that the court erred in sustaining defendants’ demurrer. For the reasons stated below, we reverse the judgment.
Procedural Background
On March 26, 1996, plaintiff filed a complaint alleging 1) wrongful termination in violation of public policy, 2) wrongful termination in violation of Labor Code sections 1101, subdivision (b), 1102, 1102.5, subdivisions (a) and (b), 6310, subdivisions (a)(1), (2) and (b), 3) fraud and deceit, 4) interference with civil rights, 5) defamation, and 6) intentional infliction of emotional distress. The trial court sustained defendants’ demurrer to the complaint with leave to amend all causes of action except the second. The second cause of action was sustained without leave to amend.
Plaintiff’s first amended complaint alleges that plaintiff, a convicted felon who was on parole at all pertinent times, was employed as a truck driver by…