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Lewis v. Astro Office Products1/31/2002
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
In a consolidated appeal, Celestine Lewis (Lewis) appeals from judgments entered following the granting of summary judgments. Lewis contends multiple triable issues of material fact exist and the trial court erred in granting summary judgments.
STATEMENT OF FACTS AND PROCEDURAL HISTORY
On November 17, 1999, Lewis filed in superior court a second amended complaint against Astro Office Products, Inc, aka Astro Canon Business Solutions, Astro Business Solutions, Inc., (hereinafter collectively referred to as Astro), Canon U.S.A., Inc., Ollie Hatch, Fred Fernandez and Kaidi Jones for (1) breach of implied-in-fact contract, (2) breach of covenant of good faith and fair dealing, (3) employment discrimination on account of age, (4) wrongful termination in violation of public policy, (5) intentional infliction of emotional distress, (6) failure to prevent harassment and discrimination and (7) sexual harassment. It was alleged in pertinent part that on or about September 27, 1988, Lewis began her full time employment with Astro as a customer service representative. She was terminated on September 22, 1997, by Astro, Fernandez and Jones for the stated reason of insubordination.
In August 2000, Astro and Hatch each filed cross-complaints against Lewis alleging a violation of Penal Code sections 632 and 637.2, subdivision (a)(1), for recording confidential communications. Hatch's cross-complaint additionally alleged a second cause of action for invasion of privacy.
On August 31, 2000, defendants filed motions for summary judgment or alternatively summary adjudication. It was undisputed that Astro sells and services Canon office products and is a wholly owned subsidiary of Canon. Hatch was Astro's executive vice president from July 1993 through January 1995 and became Astro's president in January 1995. Jones was Astro's vice president of human resources and Fernandez was the customer service manager and Lewis's supervisor. Other than his involvement in her termination, Lewis had no complaint about any action taken by Fernandez.
It was disputed whether in September 1997 Lewis refused Fernandez's request that she train a temporary worker. Lewis asserts she did not decline the request but rather that because she had previously trained several other temporary workers and no one else trained them, she told Fernandez that training temporary workers was putting her behind in her work and she simply asked Fernandez if someone else could train the new temporary worker and she "preferred not to train the temp." Lewis claims she stated, "If I don't have a choice, I will train the temp." While Fernandez declared he had asked Lewis three times to train the worker, Lewis disputes this and states she recalls discussing the training of the temporary worker with Fernandez on three occasions wherein she stated (1) she would prefer not to train the worker, (2) that "she was tired of training temps" and (3) "If I have no choice, I will train the temp." Lewis asserts she was suspended before the new temporary worker arrived and that there is a big difference between preferring not to train a temporary worker and stating she would not train a temporary worker. Lewis asserts Fernandez's interpretation of her comments as refusals was not reasonable.
It is undisputed that she was suspended on September 17, 1997, an
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