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Procedural Posture

Procedural Posture

Appellant former employee sought review from an order of the Superior Court of Los Angeles County (California) that granted summary judgment to appellee in appellant’s action for wrongful termination, and from an order that granted summary judgment to appellees, a holding corporation and its president, regarding appellant’s action for libel.

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Overview

In a consolidated action, the lower court granted summary judgment to appellee corporation in an action brought by appellant former employee for wrongful termination. Appellant sought review, and the court affirmed. First, appellant was terminable at will because his employment was for no definite period and no consideration was given other than the rendition of services. Also, appellant offered no proof that the procedure used to effect his removal as either a director or president was unlawful, or that the act of the board of directors in terminating him was ultravires. Appellant also sought review from the lower court’s grant of summary judgment in favor of appellees, a holding corporation and its president, regarding appellant’s action for libel in connection with a letter written by appellee president. Again the court affirmed, holding that appellant’s prior criminal conviction for falsification of records provided probable cause for the belief that the statements in the letter were true, which provided a defense to the libel allegation.

Outcome

The award of summary judgment in favor of appellee corporation in appellant former employee’s wrongful termination action was affirmed because appellant was terminable at will. Summary judgment in favor of appellees, a holding company and its president, for libel was affirmed because appellant’s former criminal conviction provided probable cause that the facts alleged in the letter at issue were true.

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