Brokaw

Brokaw v. Qualcomm Inc.

Good Law
122 F. App'x 305
United States Court of Appeals for the Ninth CircuitDecember 21, 2004No. 04-55198; D.C. No. CV-01-01172-DMSCalifornia394 words

Opinion

Lead Opinion

MEMORANDUM *

Alpheus Ray Brokaw lost nonnested stock options upon his termination of employment from Qualcomm. Brokaw filed suit against Qualcomm, alleging numerous grounds for recovery, including age discrimination and contract-based claims. The district court dismissed several claims, and as to all remaining claims, granted summary judgment in favor of Qualcomm. We review these judgments of the district court de novo. Solomon v. Interior Reg’l Hous. Auth., 313 F.3d 1194, 1196 (9th Cir.2002); Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir. 2001).

We have jurisdiction, and we AFFIRM.

Employment documents squarely establish that Brokaw was an at-will employee and that any stock options granted to him were scheduled to vest over a five-year period and expire shortly after the termination of his employment. These express agreements require us to affirm the district court’s decisions on Brokaw’s contract-based claims and his claims of promissory fraud, negligent misrepresentation, and unjust enrichment. See Bank of America Nat’l Trust & Savs. Ass’n v. Pendergrass, 4 Cal.2d 258, 48 P.2d 659, 661 (1935) (holding that California law does not permit parol evidence of “a…

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