Ante
Ante v. OFFICE DEPOT BUSINESS SERVICES
Opinion
Opinion
Alsup, J.
ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO AMEND
INTRODUCTION
Following an order of dismissal, plaintiff Earl G. Ante filed this motion for leave to amend his complaint to state a claim. The dismissal order gave leave to amend but cautioned that all inadequately pleaded claims would be dismissed if the complaint’s defects were not cured. This order finds that amendment would not be futile because the proposed amendment states a claim. Plaintiffs motion is GRANTED.
STATEMENT
Plaintiff was employed by defendant Office Depot, Inc., as a sales representative. He was assigned to provide the City of Berkeley with office supplies according to prices specified by contract. Allegedly, plaintiff discovered that Office Depot had been charging the city higher than contract prices. In November 2008, plaintiff was allegedly instructed by his manager to alter data on his computer in order to conceal contract items and pricing in preparation for an audit by the city. Plaintiff refused, believing that complying with his manager’s instructions would constitute fraud. Plaintiff was terminated shortly thereafter.