Plaintiff employee challenged the decision of the Superior Court of Los Angeles County (California), which sustained defendant third parties’ demurrer to two conspiracy claims, in plaintiff’s action seeking damages for conspiracy to wrongfully terminate plaintiff’s employment in violation of public policy.
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Overview
Plaintiff employee appealed the trial court’s decision, which denied plaintiff’s claim for damages from defendant third parties for alleged conspiracy with defendant employer to wrongfully terminate plaintiff’s employment in violation of public policy. On appeal, the court affirmed, holding that tort liability arising from conspiracy presupposed that the coconspirator was legally capable of committing the tort because he owed a duty to the plaintiff recognized by law and was thus potentially subject to liability for a breach of that duty. The court held that because defendant third parties were not plaintiff’s employer, they had no duty to plaintiff to refrain from wrongfully terminating the plaintiff’s employment in violation of public policy, and so could not be liable for conspiracy to breach that duty.
Outcome
The court affirmed the dismissal of plaintiff employee’s claims against defendant third parties, because defendant third parties, as nonemployers, owed no tort duty to refrain from discharging another’s employee in violation of public policy, and therefore could not be liable in tort for conspiracy to commit the tort.
