Joseph Taub v. Brown Group, Inc. William Cole Jeffrey Sanders James Marrs and James Pruess

45 F.3d 437 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joseph TAUB, Plaintiff-Appellant, v. BROWN GROUP, INC.; William Cole; Jeffrey Sanders; James Marrs; and James Pruess, Defendants-Appellees. No. 93-55409. United States Court of Appeals, Ninth Circuit. Submitted Oct. 5, 1994. * Decided Dec. 21, 1994. 1 Before: D.W. NELSON, NORRIS, and BOGGS, ** Circuit Judges 2 MEMORANDUM *** 3 This case arises from an employment contract dispute. Appellant lost his suit in the district court to recover commissions and had damages assessed against him under his employer's counterclaims for breach of a covenant not to sue and for the California tort of bad faith denial of the existence of a contract. We affirm the district court's award of damages for breach of contract, but reverse the court's judgment on the bad faith denial count. Facts 4 The plaintiff-appellant, Joseph Taub, was a salesman for defendant-appellee Brown Group. After extensive and confusing negotiations, Taub…