Noel Mason v. Genisco Technology Corporation

Noel Mason appeals the district court’s grant of summary judgment in favor of Genisco Technology Corporation (“Genis-co”) on Mason’s wrongful termination claims under California and Texas law. We reverse.

I

Genisco filed a complaint against Mason in the United States District Court for the Central District of California on December 22, 1988. In the action, Genisco requested the court to compel Mason to arbitrate a dispute regarding Mason’s employment contract or, alternatively, to issue a declaratory judgment stating that it terminated him for cause. Genisco attempted to serve Mason by mailing copies of the summons and complaint to his residence by first-class mail, postage prepaid, return receipt requested. With the summons and complaint Genisco included a notice and acknowledgment form. Mason’s wife signed the return receipt, but Mason never signed and returned the acknowledgment form. On April 18, 1989, the district court granted the requested declaratory relief in a default judgment.

Mason filed a complaint against Genisco in Texas state court in August, 1989, alleging causes of action against Genisco for breach of contract, fraud, and intentional infliction of emotional…