California Court of Appeal

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Vasquez v. Franklin Management Real Estate, B245735

The trial court's dismissal of plaintiff-employee's claims for constructive discharge in violation of public policy and intentional infliction of emotional distress, which alleged that defendant-employer violated the Labor Code by assigning plaintiff tasks that required extensive use of his vehicle and refusing to reimburse him for mileage is reversed and remanded, where: 1) plaintiff did not assert facts sufficient to support the intentional infliction of emotional distress claim; but 2) plaintiff should have been permitted leave to amend his claim of constructive discharge in violation of public policy.

Appellate Information

  • Decided 12/31/2013
  • Published 12/31/2013

Judges

  • MANELLA

Court

  • California Court of Appeal

Counsel