Ramer

MEMORANDUM *

Ernest Ramer appeals from the district court’s grant of summary judgment in favor of defendants in his wrongful discharge action. His appeal includes a challenge to the district court’s determination that his action fails even when construed under ERISA. 1 We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part, reverse in part, and remand.

*579 I.

The Southern California Gas Company (“the Gas Company”) removed Ramer from long-term disability leave and then terminated his employment in November 1996, allegedly because he was no longer disabled and because his previous position had been eliminated during a company restructuring and downsizing. Ramer sued the Gas Company and its human resources employee, Irene Torres-Ruiz (“Torres”), in California state court, alleging seven causes of action: (1) breach of written employment contract; (2) breach of implied-in-fact contract; (3) breach of covenant of good faith and fair dealing; (4) mental disability discrimination; (5) age discrimination; (6) intentional infliction of emotional distress; and (7) negligent infliction of emotional distress. The defendants successfully removed the action to federal court on…