Lecavalier

Lecavalier v. Eagle-Picher Industries, Inc.

Good Law
34 F. App'x 333
United States Court of Appeals for the Ninth CircuitApril 26, 2002No. 01-55109; D.C. No. CV-00-00162-DOCCalifornia914 words

Opinion

Lead Opinion

*335 MEMORANDUM **

Pierre LeCavalier appeals the district court’s summary judgment for his former employer, Eagle-Picher Minerals, Inc., and Joseph Farfsing, the company’s vice president, in his action arising out of the termination of his employment. He argues that genuine issues of material fact remain with respect to his claims of fraud and deceit, promissory estoppel, negligent misrepresentation, breach of contract and age discrimination.

A grant of summary judgment is reviewed de novo. Weiner v. San Diego County, 210 F.3d 1025, 1028 (9th Cir.2000). We must determine, viewing the evidence in the light most favorable to the nonmoving party, whether any genuine issues of material fact exist and whether the district court applied the relevant substantive law. Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc).

LeCavalier argues that he was fraudulently induced to leave secure employment at Moltan Co., his prior employer, for employment with Eagle-Picher based on representations of long-term employment. To establish a claim for fraud, a plaintiff must prove the following elements: (1) misrepresentation; (2) knowledge of falsity; (3) intent to defraud; (4) justifiable…

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