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California Court of Appeal


McCaskey v. California State Auto. Ass'n, H032186

In plaintiffs' suit against California State Automobile Association (CSAA) and California State Automobile Association Inter-Insurance Bureau for breach of contract and age discrimination, claiming that plaintiffs' discharge from employment was a result of defendants' breach of a promise to permit senior sales agents to continue in their employ under relaxed sales quotas, trial court's entry of summary judgment in favor of the defendants is reversed where: 1) the record raises a triable issue of fact on the contract claim over the question whether defendants honored the policy for an agreed time, or if no agreement as to time can be inferred from the terms and circumstances of the employment contract, for a reasonable time; and 2) the record also presents triable issues of fact concerning the genuineness of defendants' claimed reasons for eliminating the policy.

Appellate Information

  • Decided 10/29/2010
  • Published 10/29/2010

Judges

  • RUSHING

Court

  • California Court of Appeal

Counsel

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