Hinton

Background

Plaintiff-appellant Hinton was a paralegal employed by defendant-appellee Pacific Enterprises (“Pacific”). On January 6, 1988, Hinton became disabled and on January 15, 1988, she was informed by her supervisor that she was being fired. Ten days later, she executed a resignation agreement outlining the terms of her departure from Pacific. Below her signature, in her own handwriting, Ms. Hinton added:

ApltApp., ex. A. Hinton applied for disability benefits and they were denied because Hinton had been “terminated,” a condition which *393 specifically eliminated eligibility for benefits under the several benefits plans for Pacific employees. On February 22, 1988, Hinton filed a worker’s compensation claim against her employer for a shoulder injury. On April 19, 1988, Hinton filed another worker’s compensation claim for a stress injury including chronic Epstein-Barr virus syndrome. In September 1988, Hinton filed a petition to obtain benefits pursuant to California Labor Code § 132a.

On May 2, 1991, Ms. Hinton filed this action against Pacific and certain employees of Pacific, seeking declaratory relief and damages relating to her termination. Hinton also named her former…