Chaganti

Chaganti v. Ceridian Benefits Services, Inc.

Good Law
208 F. App'x 541
United States Court of Appeals for the Ninth CircuitNovember 29, 2006No. 04-17476California2,262 words

Opinion

Lead Opinion

MEMORANDUM ***

Naren Chaganti (“Chaganti”) appeals the district court’s orders granting summary judgment against him and in favor of his former employer, Sun Microsystems, Inc. (“Sun”), and the administrator of Sun’s health plan, Ceridian Benefits Services (“Ceridian”).

I

The district court properly held that a Release and Waiver Agreement (“Release”) that Chaganti had signed in exchange for additional severance pay was valid and enforceable, thus precluding all of Chaganti’s wrongful discharge claims.

The district court correctly rejected Chaganti’s assertion that the Release was void for public policy reasons because it allegedly contained a waiver of liability for future intentional torts. Cal. Civ.Code § 1668; see also Baker Pacific Corp. v. Suttles, 220 Cal.App.3d 1148, 1154 , 269 Cal.Rptr. 709 (Cal.Ct.App. 1st Dist.1990) (holding that a contractual provision that has the effect of waiving liability for future intentional torts is void as against public policy). In this case, the Release clearly does not waive future torts. Although the contract takes effect on the eighth day after it is signed, the lag between signing and effect exists to provide the signor with seven…

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