Hartt

Hartt v. Sony Electronics Broadcasting & Professional Co.

Good Law
69 F. App'x 889
United States Court of Appeals for the Ninth CircuitJuly 15, 2003No. 02-56046California626 words

Opinion

Lead Opinion

MEMORANDUM **

Hartt and Rosen appeal from the dismissal of their lawsuit alleging three causes of action against Sony: (1) wrongful discharge in violation of public policy; (2) intentional infliction of emotional distress; and (3) violations of California Business & Professions Code § 17200, et seq. We review Federal Rule of Civil Procedure 12(c) dismissals de novo. Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, 713 (9th Cir.2001). A judgment on the pleadings is properly granted when, taking all allegations in the pleading as true, the *890 moving party is entitled to judgment as a matter of law. Id.

In the absence of a contract, employment in California is “at will,” meaning that an employee can be terminated without good cause. Cal. Lab.Code § 2922. Under California law, however, an employer cannot terminate an employee for a purpose that contravenes fundamental public policy. Foley v. Interactive Data Corp., 47 Cal.3d 654, 665 , 254 Cal.Rptr. 211 , 765 P.2d 373 (Cal.1988); Grant-Burton v. Covenant Care, Inc., 99 Cal.App.4th 1361, 1370 , 122 Cal.Rptr.2d 204 (Cai.Ct.App.2002). To support a tort claim of wrongful discharge in violation of public policy, the policy in…

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