Abernathy

Abernathy v. Duncan Enterprises CA5

Good Law
Court of Appeal of CaliforniaJune 2, 2022F081502California5,869 words

Opinion

Opinion

facts, Duncan claimed it decided to cease selling low-margin coops in August 2016 and switch to selling higher-margin and higher quality coops. This plan was communicated to Abernathy who was told she would not be involved in the higher-margin chicken coop development. Rather, Duncan claimed it placed three men, Dave Starr, Hawk Duncan (Hawk), and Mike Sandoval, as well as one woman, Teri Thieme, in charge of the new business efforts. Each of these individuals, save for Hawk, were over the age of 40. In addition, as part of these new efforts, Duncan sought out and contracted with Kathy Mormino, owner of The Chicken Chick, LLC, in an attempt to increase social media exposure for its chicken coops. Mormino is a woman over the age of 50. Around August or September 2016, after being informed of this change, Abernathy and Heinsimer expressed interest in purchasing the low-margin chicken coop business from Duncan. Abernathy intended to start a new business with her brother-in- law. Abernathy worked on these plans through the end of 2016, with the initial expectation that the sale would be completed in June 2017. Abernathy also remained employed with Duncan until December 30, 2016, when…

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