Pirente

Pirente v. GAB Robins North America, Inc.

Good Law
37 F. App'x 247
United States Court of Appeals for the Ninth CircuitMay 17, 2002No. 00-35856; D.C. No. CV-98-00341-BLWCalifornia1,893 words

Opinion

Lead Opinion

*249 MEMORANDUM **

David Bryan Pirente (“Pirente”) was employed as a custodian by The Church of Jesus Christ of Latter Day Saints (“LDS”). After he failed to recover as anticipated from an on-the-job injury for which he had filed a workers’ compensation claim, his self-insured employer, LDS, and LDS’ claims adjuster, GAB Robins North America (“GAB”), began to suspect insurance fraud. GAB reported its suspicions to the state attorney general’s office. Criminal charges were filed by the attorney general, and later dismissed. After the criminal charges were made, LDS suspended Pirente during the course of the criminal proceedings.

Pirente asserts numerous claims based on LDS’ and GAB’s alleged treatment of him after they began to suspect insurance fraud. The district court granted summary judgment to defendants on all of Pirente’s claims. As explained below, we affirm the grant of summary judgment on all claims except for his state statutory wage claim. On that claim, we reverse and remand.

I. Pirente’s Breach of Contract Claim Against LDS.

We affirm summary judgment on Pirente’s breach of contract claim against LDS because Pirente has not raised a genuine issue of material fact…

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