California Court of Appeal

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Ramanathan v. Bank of Am., A113611

In a discrimination action brought against former employer-bank, summary judgment for the bank is reversed as: 1) where an employee asserts his or her position as "Vice-President" is not vested with any of the duties or responsibilities normally associated with such a position, as plaintiff did here, then to obtain summary judgment on preemption grounds under Section 24 (Fifth) of the National Bank Act the bank must show the employee is "an officer" of the bank pursuant to the criteria set forth in Wells Fargo Bank v. Superior Court, 53 Cal.3d 1082 (1991); and 2) in this case, the bank failed to show that plaintiff was an "officer" under such standard.

Appellate Information

  • Decided 08/30/2007
  • Published 09/28/2007

Judges

  • HORNER, J.*

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Daniel Louis Feder, Law Offices Daniel Feder, Kenneth N. Frucht, San Francisco, CA, for Plaintiff and Appellant.

  • For Appellees:
  • Patricia Kruse Gillette, Heller, Ehrman, et al., Andrew Ralston Livingston, Heller Ehrman White, et al., San Francisco, CA, for Defendant and Respondent.
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