California Court of Appeal
Cumbre, Inc. v. State Comp. Ins. Fund, E048799
In plaintiff's suit against the State Compensation Insurance Fund (SCIF), for breach of contract, a common law cause of action for violation of fair procedure, and a cause of action for unfair competition, jury verdict in favor of SCIF on all causes of action is affirmed as the jury instructions and special verdict form pertaining to the claim for violation of fair procedure were correct as the instruction given specifically instructed the jury on the first element, that if SCIF owed a duty of fair procedure, plaintiff must establish the elements of fair procedure, i.e. that it was not substantively rational, or that it failed to provide adequate notice of the reasons for termination and opportunity to respond.
Appellate Information
- Decided 11/09/2010
- Published 11/09/2010
Judges
- Ramirez
Court
- California Court of Appeal
Counsel
- For Appellant:
- James C. Powers, Andre J. Cronthall