Lamke
Lamke v. Sunstate Equipment Co., LLC
Opinion
Opinion
Chen, J.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS AND STRIKE
Having considered the parties’ briefs and accompanying submissions, and good cause appearing therefor, the Court hereby GRANTS Defendant Sunstate Equipment Co., LLC’s motion to dismiss and strike.
I. FACTUAL & PROCEDURAL BACKGROUND
In his first amended complaint (“FAC”), Plaintiff Joseph Lamke has asserted claims for (1) breach of implied contract; (2) breach of the covenant of good faith and fair dealing; (3) fraud and deceit; and (4) wrongful termination in violation of public policy. Sunstate has moved to dismiss and strike the FAC. All of the causes of action are challenged in the motion to dismiss and strike except for that of breach of implied contract.
The following facts are alleged in Mr. Lamke’s FAC: Mr. Lamke was employed by Sunstate as a sales manager for almost five years. See FAC ¶ 1. He had a history of positive reviews and promotions with Sunstate. See id. ¶ 5. In spite of such, on or about August 22, 2002, Mr. Lamke was terminated based upon allegations of drug use about which Sunstate did not properly inform him {e.g., failing to identify the individual who made the allegations), which were not…