Florante Ortaliza Linda Ortaliza v. General Mills, Inc.

56 F.3d 72 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Florante ORTALIZA; Linda Ortaliza, Plaintiffs-Appellants, v. GENERAL MILLS, INC., Defendant-Appellee. Nos. 94-55758, 94-56304. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 1, 1995. Decided May 24, 1995. Before: FLETCHER, BRUNETTI, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Florante and Linda Ortaliza appeal the grant of a summary judgment motion dismissing Florante's claims of wrongful termination and intentional and negligent infliction of emotional distress. They also appeal the award of attorney fees to General Mills, Inc. (GMI). 3 The Ortalizas originally filed their suit in state court in California. GMI successfully removed the case to federal court based on the diversity of the parties pursuant to 28 U.S.C. Secs. 1441 (a) and 1332. We, therefore, must apply California law to the state claims asserted. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . 4 * We review a…