This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Wrongful Termination
Breach of Implied Employment Contract

Lodovico Landi v. Michael Harriman, William Justice, Archdiocese of San Francisco, and Does 1 through 50, inclusive

Published: Feb. 20, 2016 | Result Date: Feb. 2, 2016 | Filing Date: Jan. 1, 1900 |

Case number: CGC-14-539652 Demurrer –  Defense

Court

San Francisco Superior


Attorneys

Plaintiff

Michael D. Welch
(Michael Welch & Associates)


Defendant

Paul E. Gaspari
(Weintraub, Tobin, Chediak, Coleman & Grodin)

Daniel C. Zamora
(Weintraub, Tobin, Chediak, Coleman & Grodin)


Facts

Roman Catholic priest Lodovico Landi sued the Archdiocese of San Francisco and two of its priests relating to his retirement as Parochial Vicar at St. Celia Church by. He brought claims for wrongful termination in violation of public policy, breach of implied employment agreement, tortious interference with prospective economic relationships, and negligent interference with prospective economic relationships.

Contentions

PLAINTIFF'S CONTENTIONS:
Landi, 78, contended that he was wrongfully retired by defendants due to his age.

DEFENDANTS' CONTENTIONS:
Defendants contended that Landi's claims were barred by the ministerial exception in the Religion Clauses of the First Amendment to the U.S. Constitution.

Result

The court granted defendants' demurrer due to the ministerial exception.


#102158

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390