Falotti

ORDER GRANTING PLAINTIFF ORACLE CORPORATION’S MOTION FOR PARTIAL SUMMARY JUDGMENT; DENYING DEFENDANT PIER C. FALOTTI’S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT

INTRODUCTION

In this employment case involving both Swiss and California law, this order GRANTS plaintiffs motion for partial summary judgment and DENIES defendant’s cross-motion for partial summary judgment.

STATEMENT

Plaintiff Oracle Corporation seeks a declaratory judgment that it does not owe any unvested stock options to defendant Pier Carlo Falotti, a former high-level executive, who Oracle terminated. Mr. Fal-otti claims that he is entitled to unvested stock options (or their value) for breach of his employment contract or Oracle’s stock-option plan. Both parties have filed cross-motions for partial summary judgment on the issue of entitlement to stock options, although Mr. Falotti seeks only to establish his right to options vesting no later than September of 2000, three months after Oracle told him he was terminated. Oracle also seeks summary judgment on Mr. Falotti’s oral-contract and promissory-estoppel counterclaims under California law.

In 1996, Mr. Falotti was hired as Senior Vice President of EMEA, an…