Esquibel

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARK ESQUIBEL, et al., Case No. 21-cv-02510-WHO Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS; DENYING LEAVE TO

FURTHER AMEND

KINDER MORGAN, INC., et al., Re: Dkt. No. 77 Defendants. 11 Defendant Scott Manley moves to dismiss the two claims plaintiff Mark Esquibelasserts against him in the Third Amended Complaint (TAC) for wrongful termination in violation of public policy (“Tameney claim”) and for promissory fraud. Because Manley was Esquibel’s manager at Kinder Morgan and not his employer, Manley cannot be liable for the Tameney claim as a matter of law. For the same reason, Manley contends that he cannot be liable for promissory fraud resulting from alleged assurances in or around 2008 that Kinder Morgan would provide Esquibel with insurance coverage during his employment. More problematic is that these alleged assurances occurred in 2008 (see TAC ¶¶ 76-79) but Manley did not become plaintiff’s supervisor until 2017. Id. ¶¶ 36, 61. There is no…