After remand from a federal court, defendant employer sought a writ of mandate directing that the Alameda County Superior Court (California) vacate its order denying defendant’s motion for summary adjudication of plaintiff employee’s claims for wrongful termination, and strike part of the emotional distress claim. Defendant argued these claims were preempted by the Employee Retirement Income Security Act of 1974, 29 U.S.C.S. § 1001 et seq.
Overview: caci jury instructions 2018
Plaintiff employee was terminated from employment by defendant employer, and he brought suit alleging wrongful termination in breach of contract and the covenant of good faith and fair dealing, and intentional infliction of emotional distress, and he charged assault and battery by a supervisor. Defendant removed to the case to federal court, but that court remanded on the ground that plaintiff’s state law claims were not preempted by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.S. § 1001 et seq. Defendant sought summary adjudication in the trial court of the wrongful termination causes of action and to strike part of the emotional distress cause of action, claiming they were preempted by ERISA. The trial court denied the motion, finding triable issues of fact in dispute, and defendant petitioned for a writ of mandate. The court issued the writ and directed the trial court to vacate its order denying the motion for summary adjudication, and to enter a new order granting the motion. The court held that plaintiff ‘s state law wrongful termination action showed a direct relationship to the ERISA health and disability plan, and was preempted by ERISA.
Outcome
The court issued the peremptory writ of mandate directing the trial court to vacate its order denying defendant employer’s motion for summary adjudication of plaintiff employee’s claims for wrongful termination, and to strike part of the emotional distress cause of action, holding that these claims were preempted by ERISA. The state law claims were directly related to defendant’s ERISA health and disability plan.