Thomas Layton v. The State Bar of California, Jayne Kim, Carol Madeja, Gilda Munoz, Robert Hawley, Leah Wilson, David J. Pasternak, James P. Fox, Danette E. Meyers, Janet L. Brewer, Michael G. Colantuono, Glenda Corcoran, Terrance W. Flanigan, Miriam Krinsky, Renee Labran, Jason P. Lee, Dennis Mangers, Joanna Mendoza, Gwen Moore, Brandon N. Stallin
Published: Sep. 17, 2016 | Result Date: Jul. 22, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC615241 Demurrer – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Derrick S. Lowe
(Baker Keener and Nahra LLP)
Robert C. Baker
(Baker Keener & Nahra LLP)
Defendant
Moez M. Kaba
(Hueston Hennigan LLP)
John C. Hueston
(Hueston Hennigan LLP)
Joseph A. Reiter
(Hueston Hennigan LLP)
Facts
Thomas Layton filed this action against the State Bar of California and certain individual defendants, in connection with his termination.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff was an investigator of the State Bar. He regularly received "exceeds expectations" performance evaluations. In 2013, the then-executive director, Joseph Dunn, hired plaintiff and Carina Franck-Pantone as public information officers. In 2014, Dunn began investigating the chief trial counsel, Jayne Kim, for alleged misconduct and impropriety. Kim filed a report that led to an investigation that ultimately resulted in Dunn's firing. Plaintiff was allegedly retaliated against for his association with Dunn. Plaintiff believed Kim's investigations were improper and violated the Bar's policies and plaintiff's union contract. Ultimately, defendants terminated plaintiff's employment, prompting this lawsuit.
Plaintiff asserted causes of action for wrongful termination in violation of public policy, wrongful retaliation in violation of public policy, violation of the common law right to fair procedure, breach of implied covenant of good faith and fair dealing, and defamation.
DEFENDANTS' CONTENTIONS:
Defendants demurred, challenging the sufficiency of plaintiff's allegations.
Result
The trial court sustained the demurrer with leave to amend.
Other Information
FILING DATE: March 28, 2016.
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