Morelewicz

Morelewicz v. Government Employees Insurance

Good Law
207 F. App'x 823
United States Court of Appeals for the Ninth CircuitNovember 17, 2006No. 04-56358California1,607 words

Opinion

Lead Opinion

MEMORANDUM **

Robert Morelewicz appeals from the district court’s order granting summary judgment to the Government Employees Insurance Company (“GEICO”). We affirm. Because the parties are familiar with the factual and procedural histories of this ease, we need not recount them here.

We review a grant of summary judgment de novo, construing the evidence in a light most favorable to the nonmoving party. Rivera v. Philip Morris, Inc., 395 F.3d 1142, 1146 (9th Cir.2005). “A grant of summary judgment is appropriate only where the moving party has demonstrated that there is no genuine issue of material fact” — a fact that might reasonably affect the outcome of the suit in favor of the nonmoving party. Id. (citing Lindsey v. Tacoma-Pierce County Health Dep’t, 195 F.3d 1065 , 1068 (9th Cir.1999)).

To sustain a claim of wrongful discharge under California law, a plaintiff must first show that his discharge violated “a policy that is (1) fundamental, (2) beneficial for the public, and (3) embodied in a statute or constitutional provision.” Turner v. An *825 heuser-Busch, Inc., 7 Cal.4th 1238 , 32 Cal.Rptr.2d 223 , 876 P.2d 1022, 1032-33 (1994) (citations and footnotes omitted). Such…

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